壬昕阳 對 医管局及其管辖玛丽医院行政总监黎咏欣及另三人 [Decision on Leave Application]

壬昕阳 對 医管局及其管辖玛丽医院行政总监黎咏欣及另三人 [Decision on Leave Application]

The application for leave was refused because the applicant failed to disclose clear, arguable public law grounds supported by objective evidence, sought remedies not available in public law and the claims were inherently unclear and non-justiciable; accordingly there was no real prospect of success under the test...

Source-derived case information.

Citation
[2023] HKCFI 2036
Parties
Applicant: 壬昕阳; Respondent: 医管局及其管辖玛丽医院行政总监黎咏欣; Respondent: 西九龙精神科医生陈卓姿; Respondent: 邓颖琪; Respondent: 社会福利处儿童保护科荃湾及葵青程爱好; Respondent: 王肖芬; Respondent: 保良局及其聘用人社工李姑娘Lee Mui Wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 August 2023
Case Number
HCAL1200/2023
Procedural Posture
Judicial Review / Permission Application (leave) Refused
Outcome
Permission to apply for judicial review refused; no order as to costs.
Legal Topics
Permission to Apply for Judicial Review, Justiciability, Remedies, Evidentiary Sufficiency
Source Language
ch
Administrative Law Constitutional Law Judicial Review Permission to Apply for Judicial Review Justiciability Remedies Evidentiary Sufficiency

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Parties

壬昕阳

Applicant

医管局及其管辖玛丽医院行政总监黎咏欣

Respondent

西九龙精神科医生陈卓姿

Respondent

邓颖琪

Respondent

社会福利处儿童保护科荃湾及葵青程爱好

Respondent

王肖芬

Respondent

保良局及其聘用人社工李姑娘Lee Mui Wai

Respondent

Procedural Posture

Judicial Review / Permission Application (leave) Refused

  1. 1 Whether leave for judicial review should be granted
  2. 2 Whether the applicant has pleaded arguable public law grounds supported by objective evidence
  3. 3 Whether the relief sought is within the remit of public law and justiciable

Ratio Decidendi

The application for leave was refused because the applicant failed to disclose clear, arguable public law grounds supported by objective evidence, sought remedies not available in public law and the claims were inherently unclear and non-justiciable; accordingly there was no real prospect of success under the test in Po Fun Chan v Winnie Cheung.

Court Disposition

Permission to apply for judicial review refused; no order as to costs.

Orders

  • Leave to apply for judicial review refused
  • No order as to costs