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HCAL696/2017
[2018] HKCFI 190
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 696 of 2017
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BETWEEN
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張德榮 |
Applicant |
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and
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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. The oath taken by the former Secretary for Justice on 1 July 2017 was in accordance with the form of the “Oath of the Principal Officials” as set out in Schedule 2 to the Oaths and Declarations Ordinance, Cap 11 (“the Ordinance”). There is no legal requirement that the oath taken by the Secretary for Justice under Article 104 of the Basic Law and Section 16B of the Ordinance under Part IV thereof should be preceded by the words “I swear by Almighty God that” mentioned in Section 5(1) of the Ordinance for an oath, or the words “I, , solemnly, sincerely and truly declare and affirm” mentioned in Section 7(3) of the Ordinance for an affirmation in lieu of oath, under Part II of the Ordinance which relates to “Oaths and Declarations in General”.
| Dated the 29th day of January 2018. |
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(Clara Ng)
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:
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| 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); |
Sent/Handed to the Applicant/
the Applicant’s solicitors on
29/01/2018
張德榮
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
29/01/2018
Department of Justice
For the Putative Respondent
Ref.: HCAL696/2017
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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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| 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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