莊裕安 v. 律政司司長林定國

HCAL 1243/2023

[2023] HKCFI 2492

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 1243 OF 2023

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DECISION

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1.  The Applicant has made an application for leave to apply for judicial review by way of a Form 86 filed on 20 July 2023. The Putative Respondent is the Secretary for Justice (“SJ”). In the Form 86, the Applicant asks for, inter alia, an order that the SJ should withdraw the prosecution against Mr Lai Chee Ying (“Lai”). The oral hearing of the leave application will take place on 2 November 2023.

2.  This is the hearing of a Summons filed by the Applicant on 28 August 2023 seeking: (a) the appointment of amicus curiae for his judicial review; (b) the Court to provide the translation (should it be required) for the Chinese recordings contained in two DVD filed by the Applicant; and (c) the Court should consider joining Lai as a party to the judicial review given that he may benefit from the outcome of such proceedings.

3.  The appointment of amicus is a matter for this Court. Normally, such appointment will only be made on difficult and important cases, especially where the Court sees the need for assistance in addition to what the litigant(s) may provide to it. I do not believe that the issues in the leave application are complicated. I decline the request for appointment of amicus.

4.  Since the leave application will be heard by a bilingual Judge, there will be no need for translation of Chinese recordings.

5.  Regardless of the merits of the application, it is premature to consider the joinder of parties to the judicial review prior to the granting of leave.

6.  For these reasons, the Summons is dismissed with no order as to costs.