Tse Sai Kit v. The Director of Environmental Protection

Read the full judgment text of HCAL 1256/2024 on BabelCite. This High Court CFI judgment was delivered on 12 August 2024.

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

Cites 1 case

Case No.HCAL 1256/2024[2024] HKCFI 2103
Court
High Court CFI
Date12 Aug 2024
Judge
Case Document
100%Judiciary

HCAL 1256/2024

[2024] HKCFI 2103

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1256 of 2024

BETWEEN    
  TSE SAI KIT Applicant
  and  
  THE DIRECTOR OF ENVIRONMENTAL PROTECTION Putative Respondent
  and  
  THE DIRECTOR OF CIVIL ENGINEERING AND DEVELOPMENT 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 Applicant;

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. 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 12th day of August 2024.

  (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 12/8/2024
 
Messrs. Patricia Ho & Associates

Solicitors for the Applicant
Ref.: PH646-24
  Sent/Handed to the Respondent/the Respondent’s solicitors / such interested parties as may be directed by the Court / the interested parties’ solicitors on 12/8/2024

THE DIRECTOR OF ENVIRONMENTAL PROTECTION
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

THE DIRECTOR OF CIVIL ENGINEERING AND DEVELOPMENT
The 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