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HCAL 2164/2023
[2023] HKCFI 3177
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2164 of 2023
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BETWEEN
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Chow Ka Shing |
Applicant |
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and |
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Commissioner of Correctional Services |
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 Coleman :
1. Leave to apply for judicial review is granted on the papers.
2. The Applicant shall comply with O.53 r. 4A (2), but thereafter the proceedings will be stayed until 10 January 2024, or further order.
3. Upon the end or lifting of the stay, the parties are to liaise with a view to proposing jointly agreed directions to lead to a substantive hearing of the application for judicial review, including (if possible) agreed availability dates for the period March to May 2024 inclusive, for the hearing of the application. The parties are referred to paragraphs 8-13 of Practice Direction 26.1.
4. Liberty to apply.
5. All questions of costs are reserved.
Observations:
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Dated the 7th day of December 2023.
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(Alvin KWOK)
for Registrar, High Court
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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
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);
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and
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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Sent/Handed to the Applicant/the Applicant’s solicitors on 7/12/2023
Messrs. Ho Tse Wai & Partners
Solicitors for the Applicant
Ref.: L/JM/NG/15417/23(JW) nn
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Sent/Handed to the Respondent/the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on 7/12/2023
Commissioner of Correctional Services
The Putative Respondent
c/o Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit) 2
Department of Justice
6th Floor, Main and East Wing, Justice Place
18 Lower Albert Road,
Central, Hong Kong |
Form CALL-1
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