Costs of breifing out external counsel

Nawin Santikarn made this Freedom of Information request to Department of Justice

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Nawin Santikarn

Dear Department of Justice,

I understand the Department maintains statistics on the expenditure incurred relating to the costs of external counsel 'briefed out' by the Department (see eg. https://www.legco.gov.hk/yr17-18/english...)

I should be grateful if you could please provide me with details of costs relating to the hire of legal services and related professional fees in cases 'briefed out' by the Department to external barristers/legal practitioners, specifically:

1. The aggregate costs incurred in the 2016-17, and 2017-18 financial years (respectively) in Judicial Review applications where the Director of Immigration and/or the Torture Claims Appeals Board are named respondents.

2. The aggregate costs incurred as of 21 May 2019 in the cases of Milagros Tecson Comilang and Others v Director of Immigration and Desiree Rante Luis and others v Director of Immigration, with a breakdown of costs incurred at first instance, on appeal to the Court of Appeal, and on further appeal to the Court of Final Appeal.

3. The aggregate costs incurred in the 2016-17 and 2017-18 financial years (respectively) in defending claims for unlawful detention and/or false imprisonment.

Yours faithfully,

Nawin Santikarn
Linklaters Justice Fellow
Justice Centre Hong Kong

Department of Justice

Thank you very much for the message. The content has been noted. We shall
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1 cd, Department of Justice

Dear Mr. Santikarn,
Our department has received your application for access to information on
21 May 2019. Your application is now under processing. According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before 10
June 2019. In the meantime, please contact me at 3918 4437 if you have any
enquiry.

Regards,
Maggie Or
Executive Officer (Civil Division)1
Department of Justice

-------- Forwarded Message --------

Subject: Freedom of Information request - Costs of breifing out external
counsel
Date: Tue, 21 May 2019 06:12:31 +0000
From: Nawin Santikarn [1]<[FOI #368 email]>
To: FOI requests at Department of Justice [2]<[Department of Justice request email]>

Dear Department of Justice,

I understand the Department maintains statistics on the expenditure
incurred relating to the costs of external counsel 'briefed out' by the
Department (see eg.
[3]https://www.legco.gov.hk/yr17-18/english...)

I should be grateful if you could please provide me with details of costs
relating to the hire of legal services and related professional fees in
cases 'briefed out' by the Department to external barristers/legal
practitioners, specifically:

1. The aggregate costs incurred in the 2016-17, and 2017-18 financial
years (respectively) in Judicial Review applications where the Director of
Immigration and/or the Torture Claims Appeals Board are named respondents.

2. The aggregate costs incurred as of 21 May 2019 in the cases of Milagros
Tecson Comilang and Others v Director of Immigration and Desiree Rante
Luis and others v Director of Immigration, with a breakdown of costs
incurred at first instance, on appeal to the Court of Appeal, and on
further appeal to the Court of Final Appeal.

3. The aggregate costs incurred in the 2016-17 and 2017-18 financial years
(respectively) in defending claims for unlawful detention and/or false
imprisonment.

Yours faithfully,

Nawin Santikarn
Linklaters Justice Fellow
Justice Centre Hong Kong

-------------------------------------------------------------------

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[4][FOI #368 email]

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References

Visible links
1. mailto:[FOI #368 email]
2. mailto:[Department of Justice request email]
3. https://www.legco.gov.hk/yr17-18/english...
4. mailto:[FOI #368 email]
5. mailto:[Department of Justice request email]
6. https://accessinfo.hk/en/change_request/...
7. https://accessinfo.hk/en/help/officers

hide quoted sections

1 cd, Department of Justice

Dear Mr. Santikarn,

I refer to your application for access to information on 21 May 2019 and
our interim reply on 30 May 2019.  Please be advised that we are still
processing your application and shall let you have a substantive reply as
soon as possible.  Please contact me at 3918 4437 if you have any enquiry.
Regards,
Maggie Or
Executive Officer (Civil Division)1
Department of Justice

-------- Forwarded Message --------

Subject: Freedom of Information request - Costs of breifing out external
counsel
Date: Tue, 21 May 2019 06:12:31 +0000
From: Nawin Santikarn [1]<[FOI #368 email]>
To: FOI requests at Department of Justice [2]<[Department of Justice request email]>

Dear Department of Justice,

I understand the Department maintains statistics on the expenditure
incurred relating to the costs of external counsel 'briefed out' by the
Department (see eg.
[3]https://www.legco.gov.hk/yr17-18/english...)

I should be grateful if you could please provide me with details of costs
relating to the hire of legal services and related professional fees in
cases 'briefed out' by the Department to external barristers/legal
practitioners, specifically:

1. The aggregate costs incurred in the 2016-17, and 2017-18 financial
years (respectively) in Judicial Review applications where the Director of
Immigration and/or the Torture Claims Appeals Board are named respondents.

2. The aggregate costs incurred as of 21 May 2019 in the cases of Milagros
Tecson Comilang and Others v Director of Immigration and Desiree Rante
Luis and others v Director of Immigration, with a breakdown of costs
incurred at first instance, on appeal to the Court of Appeal, and on
further appeal to the Court of Final Appeal.

3. The aggregate costs incurred in the 2016-17 and 2017-18 financial years
(respectively) in defending claims for unlawful detention and/or false
imprisonment.

Yours faithfully,

Nawin Santikarn
Linklaters Justice Fellow
Justice Centre Hong Kong

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[4][FOI #368 email]

Is [5][Department of Justice request email] the wrong address for Freedom of Information
requests to Department of Justice? If so, please contact us using this
form:
[6]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[7]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. mailto:[FOI #368 email]
2. mailto:[Department of Justice request email]
3. https://www.legco.gov.hk/yr17-18/english...
4. mailto:[FOI #368 email]
5. mailto:[Department of Justice request email]
6. https://accessinfo.hk/en/change_request/...
7. https://accessinfo.hk/en/help/officers

hide quoted sections

1 cd, Department of Justice

Dear Mr. Santikarn,
Thank you for your email enquiries of 21 May 2019.  As requested, the
information are appended below for reference.

1.        In respect of briefing out expenditure, we do not maintain
detailed breakdown based on the Government as plaintiff or defendant in
proceedings, including judicial review applications where the Director of
Immigration and/or the Torture Claims Appeals Board are named respondents.

2.        The briefing-out expenses incurred in relation to the cases of
Milagros Tecson Comilang and Others v Director of Immigration and Desiree
Rante Luis and others v Director of Immigration are appended below -
 

Court case number Briefing out expenses
(as at 21 May 2019)
Comilang, Milagros Tecson & Another v Director of Immigration
HCAL 45/2014 $918,793
CACV 59/2016 $860,917
FAMV 39/2018 $173,250
FACV 9/2018 $1,568,384
Luis, Desiree Rante & Others v Director of Immigration
HCAL 56/2014 $939,853
CACV 60/2016 $860,917
FAMV 40/2018 $173,250
FACV 10/2018 $1,562,534

3.        The total briefing-out expenses incurred in relation to cases of
alleged wrongful detention and/or battery for 2016-17 and 2017-18 are as
follows -
 

Financial year Briefing out expenses
2016-17 $814,328
2017-18 $1,525,270

Regards,
Jason Leung
Executive Officer (Civil Division) 3
Department of Justice

From:        "1 cd" [1]<[email address]>
To:        [2][FOI #368 email]
Date:        30/05/2019 12:37
Subject:        Freedom of Information request - Costs of breifing out
external counsel

--------------------------------------------------------------------------

Dear Mr. Santikarn,
Our department has received your application for access to information on
21 May 2019. Your application is now under processing. According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before 10
June 2019. In the meantime, please contact me at 3918 4437 if you have any
enquiry.
Regards,
Maggie Or
Executive Officer (Civil Division)1
Department of Justice

-------- Forwarded Message --------

Subject: Freedom of Information request - Costs of breifing out external
counsel
Date: Tue, 21 May 2019 06:12:31 +0000
From: Nawin Santikarn [3]<[FOI #368 email]>
To: FOI requests at Department of Justice [4]<[Department of Justice request email]>

Dear Department of Justice,

I understand the Department maintains statistics on the expenditure
incurred relating to the costs of external counsel 'briefed out' by the
Department (see eg.
[5]https://www.legco.gov.hk/yr17-18/english...)

I should be grateful if you could please provide me with details of costs
relating to the hire of legal services and related professional fees in
cases 'briefed out' by the Department to external barristers/legal
practitioners, specifically:

1. The aggregate costs incurred in the 2016-17, and 2017-18 financial
years (respectively) in Judicial Review applications where the Director of
Immigration and/or the Torture Claims Appeals Board are named respondents.

2. The aggregate costs incurred as of 21 May 2019 in the cases of Milagros
Tecson Comilang and Others v Director of Immigration and Desiree Rante
Luis and others v Director of Immigration, with a breakdown of costs
incurred at first instance, on appeal to the Court of Appeal, and on
further appeal to the Court of Final Appeal.

3. The aggregate costs incurred in the 2016-17 and 2017-18 financial years
(respectively) in defending claims for unlawful detention and/or false
imprisonment.

Yours faithfully,

Nawin Santikarn
Linklaters Justice Fellow
Justice Centre Hong Kong

-------------------------------------------------------------------

This is a request under the Code of Access to Information facilitated via
the accessinfo.hk website.

Please use this email address for all replies to this request:
[6][FOI #368 email]

Is [7][Department of Justice request email] the wrong address for Freedom of Information
requests to Department of Justice? If so, please contact us using this
form:
[8]https://accessinfo.hk/en/change_request/...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://accessinfo.hk/en/help/officers

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. mailto:[FOI #368 email]
3. mailto:[FOI #368 email]
4. mailto:[Department of Justice request email]
5. https://www.legco.gov.hk/yr17-18/english...
6. mailto:[FOI #368 email]
7. mailto:[Department of Justice request email]
8. https://accessinfo.hk/en/change_request/...
9. https://accessinfo.hk/en/help/officers

hide quoted sections

Nawin Santikarn

Dear Sir/Madam

Many thanks for your response.

Kind regards

Nawin Santikarn