Applications for leave relating to the JR of the TCAB's decisions

Raymond Wong根據公開資料要求司法機構政務長轄下所有法院與審裁處的登記處及行政辦事處披露資料

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

此索取資料要求的回應嚴重逾期。 據《公開資料守則》,不論任何情況,司法機構政務長轄下所有法院與審裁處的登記處及行政辦事處應已回覆要求。 (詳情). 你可以透過一下途徑作出投訴requesting an internal review.

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

6. The number of hearings before the Court of First Instance for leave (i.e. leave 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 hearings before the Court of First Instance for leave (i.e. leave 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 hearings before the Court of First Instance for leave (i.e. leave 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 hearings before the Court of First Instance for leave (i.e. leave 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 hearings before the Court of First Instance for leave (i.e. leave 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 applications for leave (whether on papers or following a contested leave 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)?
12. The number of decisions on applications for leave (whether on papers or following a contested leave 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)?
13. The number of decisions on applications for leave (whether on papers or following a contested leave 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)?
14. The number of decisions on applications for leave (whether on papers or following a contested leave 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)?
15. The number of decisions on applications for leave (whether on papers or following a contested leave 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)?

On timing, we look forward to receiving the information to our above requests by [date of submission + 10 calendar days] July 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

司法機構政務長轄下所有法院與審裁處的登記處及行政辦事處

1個附件

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,

The response to this request has been delayed. We look forward to receiving your reply.

Thank you in advance for your help.

Yours faithfully,
Raymond Wong / Serene Lu

司法機構政務長轄下所有法院與審裁處的登記處及行政辦事處

1個附件

Dear Mr Raymond Wong and Ms Serene Lu,

        I refer to your email dated 1.8.2019.  

2.        Please find our reply dated 23.7.2019 in response to your
application for access to information dated 5.7.2019 appended below for
your reference.
Regards,

Ms Josephine CHIU
for Judiciary Administrator

From:        AIO/JUD/HKSARG
To:        [email address], [email address]
Date:        23/07/2019 06:30 PM
Subject:        Applications for Access to Information

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

Dear Mr Raymond Wong and Ms Serene Lu,
        I refer to your four applications for access to information dated
5 July 2019.

2.        First of all, please be advised that statistics for 2019 are not
yet available.  Besides, statistics for 2018, if available, will be
provided on a full year basis in accordance with the data compilation
practices of the Judiciary Administration.

3.        In response to items (1)-(4), items (11)-(14) of your first
email, items (1)-(4) in your second email and items (1)-(4) in your third
email, I append below four sets of statistics for your information please.

(A) Statistics on number of applications for leave to apply for Judicial
Review filed in the Court of First Instance with breakdown by
non-refoulement claim (2018)

Level of Court Case Type 2018
Court of First Instance, Application for leave to apply for Judicial 3,014
High Court Review
-     Cases  relating to non-refoulement 2,851
claim

(B) Statistics on number of appeals against refusal of leave for Judicial
Review filed in the Court of Appeal (2018)

Level of Court Case Type 2018
Court of Appeal, Appeals against refusal of leave for Judicial Review 410
High Court

(C) Statistics on number of leave applications (civil) relating to
non-refoulement claim cases filed in the Court of Final Appeal (2018)

Level of Court Case Type 2018
Court of Final Appeal Leave applications (civil) relating to 65
non-refoulement claim

(D) Statistics on number of leave applications for Judicial Review
submitted for which a decision was given by the Court (with breakdown by
outcome) (2018)

Outcome of Applications for Leave for Judicial Review
Year (as at 28.2.2019)
Leave granted Leave refused Withdrawn
2018 25 298 118

4.        For your other items, please be advised that the Judiciary
Administration does not keep any system data in the way as the requested
information due to limitation in the computer system.

Regards,

Ms Josephine CHIU
for Judiciary Administrator

------------ Judiciary AntiVirus Gateway -------- email-body was scanned
and no virus found     

收起引用部分

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 leave relating to the JR of 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 / Serene Lu

司法機構政務長轄下所有法院與審裁處的登記處及行政辦事處

1個附件

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     

司法機構政務長轄下所有法院與審裁處的登記處及行政辦事處

1個附件

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     

司法機構政務長轄下所有法院與審裁處的登記處及行政辦事處

1個附件

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