Read the full judgment text of CACV 234/2019, CACV 317/2019, CACV 319/2019 on BabelCite. This Court of Appeal judgment was delivered on 29 April 2021 before Poon CJHC, Lam VP, Au JA.
Constitutional law – Small House Policy – Article 40 of the Basic Law – lawful traditional right – Article 25 of the Basic Law – equal treatment – judicial review – standing – victim of discriminatory policy – delay – ongoing unconstitutional policy – prospective relief – hardship – prejudice – good administration – leave to appeal – Court of Final Appeal – double proportionality test – new point on appeal – fact-sensitive – leave granted on Questions 1 and 3 to 5 – leave refused on Question 2 – costs in the cause
Legal issues: Whether SHP right is a lawful traditional right under BL40 · Whether double proportionality test applies to BL40 and BL25 · Standing of victim of discriminatory policy · Whether court should refuse relief on ground of delay for ongoing unconstitutional policy · Whether court can refuse prospective relief on ground of hardship or prejudice
Outcome: Leave to appeal to the Court of Final Appeal granted on Questions 1 and 3 to 5; leave refused on Question 2.
Cited by 11 cases · Cites 3 cases