有關 曾佩粧的事宜

有關 曾佩粧的事宜

The District Judge's refusal to grant permission for judicial review was correct because judicial review cannot be used to challenge judicial decisions of superior courts, the High Court may not judicially review its appellate superior, and section 63B of the District Court Ordinance does not contravene the Basic...

Source-derived case information.

Citation
有關 曾佩粧的事宜
Parties
Applicant: 曾佩粧; Respondent: 區慶祥(原訟法庭法官)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 July 2017
Case Number
CACV45/2017
Procedural Posture
Civil Appeal — Permission to Apply for Judicial Review Refused / Appeal Decided by Court of Appeal (permission Appeal)
Outcome
Appeal dismissed
Legal Topics
Permission to Apply for Judicial Review, Appealability and Finality, Constitutional Challenge to Statutory Limits on Appeal, Admission of Fresh Evidence
Source Language
ch
Civil Procedure Judicial Review Administrative Law Permission to Apply for Judicial Review Appealability and Finality Constitutional Challenge to Statutory Limits on Appeal Admission of Fresh Evidence

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Parties

曾佩粧

Applicant

區慶祥(原訟法庭法官)

Respondent

Procedural Posture

Civil Appeal — Permission to Apply for Judicial Review Refused / Appeal Decided by Court of Appeal (permission Appeal)

  1. 1 Whether the District Judge erred in refusing permission to apply for judicial review
  2. 2 Whether judicial review is available to challenge judicial decisions of superior courts
  3. 3 Whether section 63B of the District Court Ordinance contravenes the Basic Law

Ratio Decidendi

The District Judge's refusal to grant permission for judicial review was correct because judicial review cannot be used to challenge judicial decisions of superior courts, the High Court may not judicially review its appellate superior, and section 63B of the District Court Ordinance does not contravene the Basic Law as held by the Court of Final Appeal; additionally the applicant failed to follow procedural directions and would not meet the legal tests to admit fresh evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.