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HCAL530/2017
[2018] HKCFI 142
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 530 of 2017
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郭卓堅 |
Applicant |
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律政司司長袁國強 |
Putative Respondent |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
Order by the Honourable Mr Justice Chow:
Leave to apply for Judicial Review dismissed.
Observations for the Applicant:
The application for leave to apply for judicial review is dismissed on the ground the application is not reasonably arguable. Whether the Secretary for Justice should provide legal assistance or representation to the former Chief Executive in judicial review proceedings brought by the Applicant in HCAL 201/2016 relating to the validity of the Chief Executive Oath taken by the former Chief Executive was generally a matter to be decided by the Secretary for Justice. On the other hand, it is plain that the Secretary for Justice was under no duty, nor would it have been appropriate for the Secretary for Justice, to provide legal assistance or representation to the six members-elect of the Legislative Council in legal proceedings initiated by (inter alia) the Secretary for Justice himself relating to the validity of the respective Legislative Council Oath taken by them. Subject to meeting the relevant criteria for legal aid, the six members-elect might be entitled to legal assistance or representation provided by the Director of Legal Aid in those proceedings. No proper ground has been disclosed in the Notice of Application for Leave to Apply for Judicial Review dated 21 August 2017 which would justify the court granting any relief by way of judicial review in the present case. Further, the Applicant has no sufficient interest in relation to the matter of legal assistance or representation for the six members-elect of the Legislative Council.
Dated the 24th day of January 2018.
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(Sunny Ng) |
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for Registrar, High Court |
Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
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Notes for the Applicant:
If leave has been granted, the Applicant or his solicitors must:
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a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted(Order 53, rule 4A);
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Sent/Handed to the Applicant/
the Applicant’s solicitors on
25/01/2018
郭卓堅
The Applicant
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Sent/Handed to the Putative Respondent/
the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on
25/01/2018
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b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
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律政司司長袁國強
The Putative Respondent
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c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)). |
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Form CALL-1
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