郭卓堅 v. 香港政制及內地事務局長聶德權局長

HCAL 2302/2018

[2018] HKCFI 2387

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 2302 OF 2018

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D E C I S I O N

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1.  In this application for leave to apply for judicial review, the Applicant seeks to challenge the version of the booklet containing the Basic Law published by the Government of the HKSAR in July 2018, on the ground that when the Secretary for Constitutional and Mainland Affairs published that version of the booklet, he failed to follow certain requirements or format allegedly laid down by the President of the People’s Republic of China. The difference between the July 2018 version and an earlier, April 2017 version, of the booklet that the Applicant complains about appears to be the addition of Instrument 8 (at page 89 of the July 2018 version of the booklet) relating to the Decision of the Standing Committee of the National People’s Congress at the 30^th session of the Standing Committee of the 12^th National People’s Congress on 4 November 2017 (“the Decision”) to include the National Anthem Law of the People’s Republic of China as being applicable in the HKSAR pursuant to Article 18 of the Basic Law. It is important to note, as stated on the inside cover of each booklet, that the booklet has no legal effect and is for reference only. Also, the Decision, while it certainly has legal effect, does not form part of the text of the Basic Law. It is plain that the present application does not relate to any decision amenable to judicial review, and the application is obviously frivolous and vexatious. The proposed application for judicial review is not reasonably arguable. The application for leave to apply for judicial review is therefore dismissed.