Read the full judgment text of CACV 405/2019 on BabelCite. This Court of Appeal judgment was delivered on 26 May 2021 before Lam Woon-kan VP, Cheung Chak-yau JA, Au King-hing JA.
Administrative law – judicial review – leave – refusal – appeal – abuse of process – document disclosure – s.83P Criminal Procedure Ordinance – Applicant serving 30-year sentence petitioned Chief Executive under s.83P to refer case to Court of Appeal – petition refused – applicant requested documents from Secretary for Security – Secretary delayed over 5 months – applicant sought leave for judicial review to compel release – Chow J refused leave as unarguable and abuse of process – appeal – whether judge erred in refusing leave – held no error – applicant's own evidence showed purpose was to gather material for substantive challenge – judge did not assume – applicant failed to provide legal basis for duty to disclose – respondent eventually replied so issue moot – appeal unmeritorious – appeal dismissed – costs awarded to respondent.
Legal issues: Whether the judge erred in refusing leave for judicial review
Outcome: Appeal dismissed; application for amendment of notice of appeal refused.
Cited by 3 cases · Cites 3 cases