有關關媛薇的事宜

有關關媛薇的事宜

Leave to appeal was refused because the applicant failed to demonstrate that the appeal raised a question of great and general or public importance under s22(1)(b) and the proposed appeal lacked arguable grounds; Article 35 does not entitle her to automatic leave.

Source-derived case information.

Citation
[2018] HKCA 441
Parties
Applicant: 關媛薇; Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
30 July 2018
Case Number
CACV143/2014
Procedural Posture
Civil Appeal; Judicial Review (hcal 4/2014) / Application for Leave to Appeal to the Court of Final Appeal
Outcome
Application for leave to appeal to the Court of Final Appeal refused; motion of 15 May 2018 revoked.
Legal Topics
Judicial Review, Leave to Appeal Under S22(1)(b) CFAO, Right of Access to Courts (basic Law Article 35), Procedural Requirements for Leave
Source Language
ch
Constitutional Law Administrative Law Civil Procedure Judicial Review Leave to Appeal Under S22(1)(b) CFAO Right of Access to Courts (basic Law Article 35) Procedural Requirements for Leave

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Parties

關媛薇

Applicant

香港特別行政區

Respondent

Procedural Posture

Civil Appeal; Judicial Review (hcal 4/2014) / Application for Leave to Appeal to the Court of Final Appeal

  1. 1 Whether leave to appeal to the Court of Final Appeal should be granted under s22(1)(b) of the Hong Kong Court of Final Appeal Ordinance
  2. 2 Whether the proposed appeal raises issues of great and general or public importance
  3. 3 Whether Basic Law Article 35 confers an automatic right to litigate that overrides leave requirements

Ratio Decidendi

Leave to appeal was refused because the applicant failed to demonstrate that the appeal raised a question of great and general or public importance under s22(1)(b) and the proposed appeal lacked arguable grounds; Article 35 does not entitle her to automatic leave.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused; motion of 15 May 2018 revoked.

Orders

  • Leave to appeal to the Court of Final Appeal refused.
  • Motion dated 15 May 2018 seeking leave to appeal revoked/dismissed.