Case Document

100%Judiciary

HCAL 1538/2021

[2022] HKCFI 571

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1538 of 2021

BETWEEN

	劉靜文	Applicant
	and
	林鄭月娥特別行政區首長	1^st Putative Respondent
	黃錦星環境局局長	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 submission by the applicant, acting in person and oral submission by senior government counsel for the respondents in court;

Order by The Honourable Mr Justice Coleman :

The Applicant does not cross the threshold for the grant of leave to apply for judicial review, either on the original Form 86 or on the proposed amendments (even if leave to amend were to be granted).

In conclusion, I refuse both the application to amend the Form 86 and, in any event, the application for leave to apply for judicial review.

However, in the broad exercise of my discretion relating to costs, I refuse Mr Chik’s application that the Applicant should pay costs. Rather, I make no order as to the costs of these proceedings.

Observations:

Refer to the Decision of the Honourable Mr Justice Coleman dated 23 February 2022.

Dated the 23^rd day of February 2022.

	(Alvin KWOK)
	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); 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)).		Sent/Handed to the Applicant/the Applicant’s solicitors on 23/2/2022 劉靜文申請人檔號：Nil		Sent/Handed to the Respondent/the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on 23/2/2022 Department of Justice Solicitors for the 1^st and 2^nd Putative Respondents Ref.: HCAL 1538/21

Form CALL-1

Cites 1 case

Cases cited in this judgment

劉靜文 v. 林鄭月娥特別行政區首長 and Another

HCAL 1538/2021

High Court CFI23 Feb 2022

Other Judgments in This Case

Further hearings and rulings under HCAL 1538/2021

劉靜文 v. 林鄭月娥特別行政區首長 and Another

High Court CFI23 Feb 2022

劉靜文 v. 林鄭月娥 特別行政區首長 and Another

劉靜文 v. 林鄭月娥特別行政區首長 and Another