郭卓堅 v. 林鄭月娥香港行政長官

[2018] HKCFI 133 · HCAL 803/2017

Court of First Instance24 January 2018

HCAL803/2017 郭卓堅 v. 林鄭月娥香港行政長官

HCAL803/2017

[2018] HKCFI 133

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 803 of 2017

BETWEEN
	郭卓堅	Applicant
	and
	林鄭月娥香港行政長官	Putative Respondent

Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following;

	consideration of the documents only; or
	consideration of the documents and oral submissions by the Applicant or counsel [ ] in open court;

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. The Applicant’s challenge of the legality or constitutionality of the proposed co-location arrangement for the Guangzhou-Shenzhen-Hong Kong Express Rail Link prior to the enactment of local legislation is premature.

Dated the 24^th day of January 2018.

(Sunny Ng)
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

Notes for the Applicant:
If leave has been granted, the Applicant or his solicitors must:
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);	Sent/Handed to the Applicant/ the Applicant’s solicitors on 25/01/2018 郭卓堅 The Applicant	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 林鄭月娥香港行政長官 The Putative Respondent
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)).

郭卓堅 v. 林鄭月娥香港行政長官

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