ER HOI KWAN v. COMMISSIONER OF POLICE

HCAL 628/2020

[2021] HKCFI 1323

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 628 OF 2020

______________

______________

______________________

DECISION ON COSTS

______________________

1.  I hand down this Decision on Costs in English as the related written submissions have been made to me in English.

2.  I have considered parties’ submissions.  I have considered Leung Kwok Hung v President of the Legislative Council (No 2) (2014) 17 HKCFA 841, and in particular [17] thereof.

3.  The applicant filed his Form 86 on 14 April 2020.  He was acting in person then.  Substantial amount of documentary exhibits previously used during the disciplinary process was relied upon.  The procedural integrity of the Police disciplinary process was being challenged (including whether the applicant was entitled to an oral hearing).  It was in such circumstances that I directed an oral hearing and invited the attendance of the Putative Respondent.

4.  As it turned out, Mr Liu’s submissions were helpful in assisting the Court in arriving at an informed decision on the relevant principles, practice and procedure relation to the Police’s disciplinary regime. 

5.  Whilst I have refused leave, the application was not frivolous or vexatious.  Nor was it motivated for any tactical purpose.  There was no bad faith.  As his latest submissions suggest, which I accept, it was an attempt to rescue his police career.

6.  I have also considered the applicant’s personal circumstances. 

7.  In all the circumstances, I am persuaded to vary the costs order nisi I made.  I make no order as to costs (including this application for variation).