呂良森 對 警務處

呂良森 對 警務處

Leave was refused because the applicant failed to exhibit any decision or rejection by the police and, on the facts alleged, there were no arguable public law errors nor any Wednesbury‑level unreasonableness; therefore the proposed judicial review had no real prospect of success.

Source-derived case information.

Citation
呂良森 對 警務處
Parties
Applicant: 呂良森; Respondent: 警務處
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 February 2017
Case Number
CACV176/2016
Procedural Posture
Judicial Review Leave Application (appeal) / Appeal Against Refusal of Leave in Court of Appeal
Outcome
Leave to apply for judicial review refused; appeal dismissed.
Legal Topics
Leave to Apply for Judicial Review, Wednesbury Unreasonableness, Permission Stage Requirements, Complaints to Police
Source Language
ch
Administrative Law Civil Procedure Judicial Review Leave to Apply for Judicial Review Wednesbury Unreasonableness Permission Stage Requirements Complaints to Police

Source-derived case record

Summary, issues, holding and outcome

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Parties

呂良森

Applicant

警務處

Respondent

Procedural Posture

Judicial Review Leave Application (appeal) / Appeal Against Refusal of Leave in Court of Appeal

  1. 1 Whether the applicant demonstrated arguable grounds for judicial review
  2. 2 Whether absence of a decision or written rejection from the police defeats the application
  3. 3 Whether the applicant's allegations disclose a public law error or Wednesbury unreasonableness

Ratio Decidendi

Leave was refused because the applicant failed to exhibit any decision or rejection by the police and, on the facts alleged, there were no arguable public law errors nor any Wednesbury‑level unreasonableness; therefore the proposed judicial review had no real prospect of success.

Court Disposition

Leave to apply for judicial review refused; appeal dismissed.

Orders

  • Application for leave to apply for judicial review dismissed
  • Appeal dismissed