“K” (An Infant) By His Grandmother and Next Friend, “Lkos” v. The Secretary for Justice

Read the full judgment text of HCAL 2063/2023 on BabelCite. This High Court CFI judgment was delivered on 23 November 2023.

1. Leave to apply for judicial review is granted on the papers.

Cites 1 case

Case No.HCAL 2063/2023[2023] HKCFI 3055
Court
High Court CFI
Date23 Nov 2023
Judge
Case Document
100%Judiciary

HCAL 2063/2023

[2023] HKCFI 3055

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2063 of 2023

____________________

BETWEEN    
  “K” (AN INFANT) BY HIS GRANDMOTHER AND NEXT FRIEND, “LKOS” Applicant
  and  
  THE SECRETARY FOR JUSTICE Putative Respondent
  and  
  “R” 1st Putative Interested Party
  and  
  “B” 2nd Putative Interested Party
  and  
  THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA 3rd Putative Interested Party

____________________

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 counsel for the Applicant and counsel for the 2nd putative respondent in court;

Order by The Honourable Mr Justice Coleman :

1.Leave to apply for judicial review is granted on the papers.

2.The parties are to liaise with a view to proposing jointly agreed directions to lead to a substantive hearing of the application for judicial review, including (if possible) agreed availability dates for the hearing of the application.  The parties are referred to paragraphs 8-13 of Practice Direction 26.1. 

3.Liberty to apply.

4.All questions of costs are reserved.

Observations:

/

Dated the 23rd day of November 2023.

  (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 23/11/2023
 
Messrs. Patricia Ho & Associates

Solicitors for the Applicant
Ref.: PH580-23
  Sent/Handed to the Respondent/the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on 23/11/2023
THE SECRETARY FOR JUSTICE

The Putative Respondent
c/o Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit) 2
Department of Justice
6th Floor, Main and East Wing, Justice Place
18 Lower Albert Road,
Central, Hong Kong

R
The 1st Putative Interested Party
Ref.: Nil

B
The 2nd Putative Interested Party
Ref.: Nil

THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA
The 3rd Putative Interested Party
c/o Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit) 2
Department of Justice
6th Floor, Main and East Wing, Justice Place
18 Lower Albert Road,
Central, Hong Kong


Form CALL-1

Other Judgments in This Case

Further hearings and rulings under HCAL 2063/2023