Read the full judgment text of CACV 99/2022 on BabelCite. This Court of Appeal judgment was delivered on 10 November 2022 before 區慶祥, 林雲浩.
Civil appeal – judicial review – leave to apply for judicial review – Vaccine Pass – Prevention and Control of Disease (Vaccine Pass) Regulation (Cap 599L) – Form 86 requirements – whether Form 86 was fatally defective for failure to state relief known to law – RHC O.53 r.3(2)(a)(iii) – whether appellant showed an arguable ground that Cap 599L was unlawful or unconstitutional – whether Vaccine Pass restrictions infringe fundamental rights – proportionality test – whether appeal should be dismissed for failure to concisely state grounds of appeal – whether leave should be granted to file new evidence and for an injunction on appeal – no legal basis provided – appeal dismissed – two summonses dismissed – appellant to pay respondent's costs
Legal issues: Whether Form 86 was fatally defective for failure to state relief known to law · Whether the appellant showed an arguable ground that the Vaccine Pass regulation was unlawful or unconstitutional · Whether the appeal should be dismissed for failure to set out grounds of appeal · Whether leave should be granted to file new evidence and for an injunction on appeal
Outcome: Appeal dismissed; appellant's two summonses dismissed.
Cited by 19 cases · Cites 5 cases