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HCAL644/2017
[2018] HKCFI 155
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 644 of 2017
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BETWEEN
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郭卓堅 |
Applicant |
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and
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法援署署長鄺寶昌 |
1st Putative Respondent |
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法援署高級律師劉嘉駿 |
2nd Putative Respondent |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following;
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consideration of the documents only; or |
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consideration of the documents and oral submissions by the Applicant
or counsel [ ] in open court; |
Order by the Honourable Mr Justice Chow dated 24 January 2018:
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 has failed to identify, in the Notice of Application for Leave to Apply for Judicial Review dated 20 September 2017 (Form 86), any specific decision made by or on behalf of the Director of Legal Aid in respect of which relief is sought, or any relief which the court can properly grant in an application for judicial review. The Form 86 has also failed to identify any grounds on which relief is ought. To the extent that the Applicant is seeking to challenge the Director of Legal Aid’s decision not to grant him legal aid in relation to HCAL 453/2017 referred to in his affirmation dated 20 September 2017, such challenge should be brought by way of an appeal instead of by an application for judicial review.
| Dated the 25th 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 25/01/2018
郭卓堅
The Applicant
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Sent/Handed to the Respondent/
the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on
25/01/2018
法援署署長鄺寶昌
The 1st Putative Respondent
法援署高級律師劉嘉駿
The 2nd 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 |
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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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