Case Document

100%Judiciary

HCAL950/2017

[2018] HKCFI 132

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 950 of 2017

BETWEEN
	莊裕安	Applicant
	and
	高院上訴排期主任吳素蘭	1^st Putative Respondent
	高院上訴司法常務官梁俊文	2^nd Putative Respondent

Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following;

	consideration of the documents only; or
	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 decisions of the Putative Respondents to list the hearing of the Applicant’s appeal in CACV 185/2017 before three bilingual judges instead of three monolingual judges does not cause the Applicant any prejudice. The Applicant has no right to insist that his appeal shall be heard by three monolingual judges. Further, the Notice of Application for Leave to Apply for Judicial Review (Form 86) dated 24 November 2017 fails to identify any grounds on which relief is sought.

Dated the 25^th day of January 2018.

(Clara Ng)
for Registrar, High Court

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:
If leave has been granted, the Applicant or his solicitors must:
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 莊裕安 The Applicant	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 高院上訴排期主任吳素蘭 The 1^st Putative Respondent 高院上訴司法常務官梁俊文 The 2^nd 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
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)).