郭卓堅 v. 梁君彥 (立法會主席)及另一人

Case No.HCAL 511/2017[2018] HKCFI 156

Court

High Court CFI

Date25 Jan 2018

Judge—

Case Document

100%Judiciary

HCAL511/2017

[2018] HKCFI 156

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 511 of 2017

BETWEEN
	郭卓堅	Applicant
	and
	梁君彥 (立法會主席)	1^st Putative Respondent
	陳維安 (立法會秘書長)	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. There is no allegation in the Notice of Application for Leave to Apply for Judicial Review, and no proper ground to contend, that the remaining members of the Legislative Council, other than the six members-elect whose purported Legislative Council Oaths have previously been found or declared to be invalid, failed to properly take the Legislative Council Oath in October 2016. There is thus no basis to require those remaining members of Legislative Council to take the Legislative Council Oath again. In so far as the President and Secretary General of the Legislative Council are concerned, there is no proper relief that the court can, or should, grant against them by way of judicial review in the present application. Accordingly, the extension of time sought by the Applicant for making the present application is refused.

Dated the 25th 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 郭卓堅 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
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and		梁君彥 (立法會主席) The 1^st Putative Respondent 陳維安 (立法會秘書長) The 2^nd Putative Respondent
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