張德榮 v. 林鄭月娥

Case No.HCAL 580/2017[2018] HKCFI 189

Court

High Court CFI

Date29 Jan 2018

Judge—

Case Document

100%Judiciary

HCAL580/2017

[2018] HKCFI 189

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 580 of 2017

BETWEEN
	張德榮	Applicant
	and
	林鄭月娥	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:

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 oath taken by the Chief Executive on 1 July 2017 was in accordance with the form of the “Oath of the Chief Executive” as set out in Schedule 2 to the Oaths and Declarations Ordinance, Cap 11 (“the Ordinance”). There is no legal requirement that the oath taken by the Chief Executive under Article 104 of the Basic Law and Section 16A of the Ordinance under Part IV thereof should be preceded by the words “I swear by Almighty God that” mentioned in Section 5(1) of the Ordinance for an oath, or the words “I, , solemnly, sincerely and truly declare and affirm” mentioned in Section 7(3) of the Ordinance for an affirmation in lieu of oath, under Part II of the Ordinance which relates to “Oaths and Declarations in General”.

Dated the 29^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 29/01/2018 張德榮 The Applicant	Sent/Handed to the Putative Respondent/ The Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 29/01/2018
b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and		Department of Justice For the Putative Respondent Ref.: HCAL580/2017
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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