蘇書幼 訴 法律援助署

蘇書幼 訴 法律援助署

The applicant failed to identify any substantive or specific error in the Court of Appeal’s judgment or any issue of general or public importance; the proposed grounds are unfounded and amount to an abuse of process by using civil judicial review to advance criminal complaints. Accordingly, leave to appeal to the...

Source-derived case information.

Citation
[2022] HKCA 660
Parties
Applicant: 蘇書幼; Respondent: 法律援助署
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
16 May 2022
Case Number
CACV408/2020
Procedural Posture
Judicial Review Appeal / Application for Leave to Appeal to the Court of Final Appeal (permission Stage)
Outcome
Application for leave to appeal to the Court of Final Appeal refused; motion dismissed
Legal Topics
Leave to Appeal, Abuse of Process, Procedural Fairness, Costs
Source Language
ch
Administrative Law Judicial Review Civil Procedure Legal Aid Leave to Appeal Abuse of Process Procedural Fairness Costs

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Parties

蘇書幼

Applicant

法律援助署

Respondent

Procedural Posture

Judicial Review Appeal / Application for Leave to Appeal to the Court of Final Appeal (permission Stage)

  1. 1 Whether the applicant identified substantive and specific errors warranting leave to appeal to the Court of Final Appeal
  2. 2 Whether the issues raise questions of general or public importance under Cap.484 s.22(1)(b)
  3. 3 Whether the applicant's criminal allegations are properly raised in judicial review proceedings

Ratio Decidendi

The applicant failed to identify any substantive or specific error in the Court of Appeal’s judgment or any issue of general or public importance; the proposed grounds are unfounded and amount to an abuse of process by using civil judicial review to advance criminal complaints. Accordingly, leave to appeal to the Court of Final Appeal is refused and the application dismissed; costs awarded to the respondent in the sum assessed at HK$13,600.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; motion dismissed

Orders

  • Application for leave to appeal refused and motion dismissed
  • Applicant ordered to pay respondent's costs