Chow Ka Shing v. Commissioner of Correctional Services

Case No.HCAL 2164/2023[2023] HKCFI 3177

Court

High Court CFI

Date07 Dec 2023

Judge—

Case Document

100%Judiciary

HCAL 2164/2023

[2023] HKCFI 3177

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2164 of 2023

BETWEEN
	Chow Ka Shing	Applicant
	and
	Commissioner of Correctional Services	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 senior counsel and counsel for the applicant and senior counsel and counsel for the 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 Applicant shall comply with O.53 r. 4A (2), but thereafter the proceedings will be stayed until 10 January 2024, or further order.

3.Upon the end or lifting of the stay, 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 period March to May 2024 inclusive, for the hearing of the application. The parties are referred to paragraphs 8-13 of Practice Direction 26.1.

4.Liberty to apply.

5.All questions of costs are reserved.

Observations:

Dated the 7^th day of December 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 7/12/2023 Messrs. Ho Tse Wai & Partners Solicitors for the Applicant Ref.: L/JM/NG/15417/23(JW) nn		Sent/Handed to the Respondent/the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on 7/12/2023 Commissioner of Correctional Services The Putative Respondent c/o Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit) 2 Department of Justice 6^th Floor, Main and East Wing, Justice Place 18 Lower Albert Road, Central, Hong Kong

Form CALL-1