Chen Hsiu Ying v. Department of Justice

Case No.HCAL 118/2018[2018] HKCFI 164

Court

High Court CFI

Date26 Jan 2018

Judge—

Case Document

100%Judiciary

HCAL118/2018
[2018] HKCFI 164

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 118 of 2018

BETWEEN

	Chen Hsiu Ying	Applicant
	and
	Department of Justice	Putative Respondent
	and
	Social Welfare Department	Putative Interested Party

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:

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. As can be seen from the Notice of Application for Leave to Apply for Judicial Review dated 25 January 2018, the Applicant seeks to challenge the decision of the Court of First Instance in HCAL 71/2016 (“the 2016 Application”). In the 2016 Application, the Applicant sought to challenge, by way of judicial review, the decision of the Social Welfare Department to suspend her Comprehensive Social Security Assistance payments as from January 2016. Leave to apply for judicial review was refused by Au J on 9 May 2016. Her appeal against the decision of Au J was dismissed by the Court of Appeal in CACV 116/2016 on 23 August 2016. Her further application for leave to appeal the decision of the Court of Appeal to the Court of Final Appeal was refused by the Court of Appeal on 4 November 2016. If the Applicant is dissatisfied with the last mentioned decision of the Court of Appeal, she can seek leave to appeal from the Court of Final Appeal directly. Judicial review does not lie against the decision Au J rejecting her application for leave to apply for judicial review in HCAL 71/2016.

Dated the 26^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 26/01/2018 Chen Hsiu Ying 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 26/01/2018 Department of Justice The Putative Respondent Social Welfare Department The Putative Interested Party

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)).

Form CALL-1

Cites 1 case

Cases cited in this judgment

Re Chen Hsiu Ying

CACV 116/2016

Court of Appeal04 Nov 2016