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Applications for appeal against refusal of leave relating to the TCAB’s decisions

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Dear Access to Information Officer of the Judiciary,

On behalf of our client, the Justice Centre, we are writing to request certain information pursuant to paragraph 1.9 of the Code on Access to Information.

We would be grateful if you could please provide the following information:

1. The number of applications for appeal against the Court of First Instance’s refusal of leave (leave appeal) relating to judicial review of the Torture Claims Appeal Board (TCAB)’s decisions for the period between 1 January 2018 to 31 March 2018 (i.e. Q1 2018)?
2. The number of applications for appeal against the Court of First Instance’s refusal of leave (leave appeal) relating to judicial review of the TCAB’s decisions for the period between 1 April 2018 to 30 June 2018 (i.e. Q2 2018)?
3. The number of applications for appeal against the Court of First Instance’s refusal of leave (leave appeal) relating to judicial review of the TCAB’s decisions for the period between 1 July 2018 to 30 September 2018 (i.e. Q3 2018)?
4. The number of applications for appeal against the Court of First Instance’s refusal of leave (leave appeal) relating to judicial review of the TCAB’s decisions for the period between 1 October 2018 to 31 December 2018 (i.e. Q4 2018)?
5. The number of applications for appeal against the Court of First Instance’s refusal of leave (leave appeal) relating to judicial review of the TCAB’s decisions for the period between 1 January 2019 to 31 March 2019 (i.e. Q1 2019)?

6. The number of appeal hearings for appeal against the Court of First Instance's refusal of leave (i.e. leave appeal hearings) relating to judicial review of the TCAB’s decisions for the period between 1 January 2018 to 31 March 2018 (i.e. Q1 2018)?
7. The number of appeal hearings for appeal against the Court of First Instance's refusal of leave (i.e. leave appeal hearings) relating to judicial review of the TCAB’s decisions for the period between 1 April 2018 to 30 June 2018 (i.e. Q2 2018)?
8. The number of appeal hearings for appeal against the Court of First Instance's refusal of leave (i.e. leave appeal hearings) relating to judicial review of the TCAB’s decisions for the period between 1 July 2018 to 30 September 2018 (i.e. Q3 2018)?
9. The number of appeal hearings for appeal against the Court of First Instance's refusal of leave (i.e. leave appeal hearings) relating to judicial review of the TCAB’s decisions for the period between 1 October 2018 to 31 December 2018 (i.e. Q4 2018)?
10. The number of appeal hearings for appeal against the Court of First Instance's refusal of leave (i.e. leave appeal hearings) relating to judicial review of the TCAB’s decisions for the period between 1 January 2019 to 31 March 2019 (i.e. Q1 2019)?

11. The number of decisions on appeal from the Court of First Instance’s refusal of leave (i.e. decisions on leave appeal) relating to the TCAB’s decisions, from (i) the Court of Appeal and (ii) the Court of Final Appeal, for the period between 1 January 2018 to 31 March 2018 (i.e. Q1 2018)? Please provide the number for each of (i) and (ii).
12. The number of decisions on appeal from the Court of First Instance’s refusal of leave (i.e. decisions on leave appeal) relating to the TCAB’s decisions, from (i) the Court of Appeal and (ii) the Court of Final Appeal, for the period between 1 April 2018 to 30 June 2018 (i.e. Q2 2018)? Please provide the number for each of (i) and (ii).
13. The number of decisions on appeal from the Court of First Instance’s refusal of leave (i.e. decisions on leave appeal) relating to the TCAB’s decisions, from (i) the Court of Appeal and (ii) the Court of Final Appeal, for the period between 1 July 2018 to 30 September 2018 (i.e. Q3 2018)? Please provide the number for each of (i) and (ii).
14. The number of decisions on appeal from the Court of First Instance’s refusal of leave (i.e. decisions on leave appeal) relating to the TCAB’s decisions, from (i) the Court of Appeal and (ii) the Court of Final Appeal, for the period between 1 October 2018 to 31 December 2018 (i.e. Q4 2018)? Please provide the number for each of (i) and (ii).
15. The number of decisions on appeal from the Court of First Instance’s refusal of leave (i.e. decisions on leave appeal) relating to the TCAB’s decisions, from (i) the Court of Appeal and (ii) the Court of Final Appeal, for the period between 1 January 2019 to 31 March 2019 (i.e. Q1 2019)? Please provide the number for each of (i) and (ii).

16. The number of decisions overturning the Court of First Instance’s refusal of leave (i.e. successful leave appeals) relating to the TCAB’s decisions, for the period between 1 January 2018 to 31 March 2018 (i.e. Q1 2018)?
17. The number of decisions overturning the Court of First Instance’s refusal of leave (i.e. successful leave appeals) relating to the TCAB’s decisions, for the period between 1 April 2018 to 30 June 2018 (i.e. Q2 2018)?
18. The number of decisions overturning the Court of First Instance’s refusal of leave (i.e. successful leave appeals) relating to the TCAB’s decisions, for the period between 1 July 2018 to 30 September 2018 (i.e. Q3 2018)?
19. The number of decisions overturning the Court of First Instance’s refusal of leave (i.e. successful leave appeals) relating to the TCAB’s decisions, for the period between 1 October 2018 to 31 December 2018 (i.e. Q4 2018)?
20. The number of decisions overturning the Court of First Instance’s refusal of leave (i.e. successful leave appeals) relating to the TCAB’s decisions, for the period between 1 January 2019 to 31 March 2019 (i.e. Q1 2019)?

On timing, we look forward to receiving the information to our above requests by 15July 2019.

Thank you in advance for your help – it is greatly appreciated.

If you have any questions, please contact Raymond Wong ([email address]) and Serene Lu ([email address]).

Kind regards,
Freshfields

All registries and administrative offices of courts and tribunals for which the Judiciary Administrator has responsibility

1 Attachment

Dear Freshfields,
                The Judiciary Administration received your application for
access to information on 5.7.2019.  Your application is now under
processing.  According to paragraph 1.16 of the Code on Access to
Information, we will inform you of the latest progress of the case
separately on or before 25.7.2019.  In the meantime, please contact me at
2825 0346 if you have any enquiry.

Regards,

Ms Josephine CHIU
for Judiciary Administrator
------------ Judiciary AntiVirus Gateway -------- email-body was scanned
and no virus found     

Dear All registries and administrative offices of courts and tribunals for which the Judiciary Administrator has responsibility,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of All registries and administrative offices of courts and tribunals for which the Judiciary Administrator has responsibility's handling of my FOI request 'Applications for appeal against refusal of leave relating to the TCAB’s decisions'.

We were informed by the Judiciary that for other items (i.e. other than items (A) to (D) provided in your email dated 23 July), the Judiciary Administration does not keep any system data in the way as the requested information due to limitation in the computer system and is, therefore, unable to provide the information we requested. We are of the view that the requested information ought to be kept as a matter of good administration.

Could you please review our request and provide the requested information?

If not, we would be grateful if you could:
• provide the reasons why the Judiciary does not maintain the requested statistics; and
• let us know where we can obtain the requested information.

Separately, please let us know when the 2019 Q1 statistics will be available.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://accessinfo.hk/en/request/applica...

Yours faithfully,

Raymond Wong

All registries and administrative offices of courts and tribunals for which the Judiciary Administrator has responsibility

1 Attachment

Dear Mr Raymond Wong and Ms Serene Lu,
                We acknowledge receipt of your four emails dated 6.8.2019.
 We will give you a reply in due course.

Regards,

Ms Josephine CHIU
for Judiciary Administrator
------------ Judiciary AntiVirus Gateway -------- email-body was scanned
and no virus found     

All registries and administrative offices of courts and tribunals for which the Judiciary Administrator has responsibility

1 Attachment

Dear Mr Raymond Wong and Ms Serene Lu,
                We acknowledge receipt of your four emails dated 6.8.2019.
 We will give you a reply in due course.

Regards,

Ms Josephine CHIU
for Judiciary Administrator
------------ Judiciary AntiVirus Gateway -------- email-body was scanned
and no virus found     

All registries and administrative offices of courts and tribunals for which the Judiciary Administrator has responsibility

1 Attachment

Dear Mr Raymond Wong and Ms Serene Lu,
                We acknowledge receipt of your four emails dated 6.8.2019.
 We will give you a reply in due course.

Regards,

Ms Josephine CHIU
for Judiciary Administrator
------------ Judiciary AntiVirus Gateway -------- email-body was scanned
and no virus found     

We don't know whether the most recent response to this request contains information or not – if you are Raymond Wong please sign in and let everyone know.