有關陳海瀅的事宜

有關陳海瀅的事宜

The appeal was dismissed because under the Regulations the applicant bore the burden to prove the corrected birth date and failed to discharge it; the Registrar lawfully required further evidence and, confronted with documentary inconsistencies (one-way permit and prior identity applications stating 1970), was...

Source-derived case information.

Citation
[2019] HKCA 14
Parties
Applicant: 陳海瀅; Respondent: 人事登記處處長
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 January 2019
Case Number
CACV236/2018
Procedural Posture
Civil Judicial Review Appeal / Appeal Against Refusal of Leave to Apply for Judicial Review in Court of Appeal (written Hearing)
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Statutory Interpretation, Burden of Proof, Identity Registration, Procedural Fairness, Wednesbury Unreasonableness
Source Language
ch
Administrative Law Constitutional Law Civil Procedure Public Law Judicial Review Statutory Interpretation Burden of Proof Identity Registration +2 more

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Parties

陳海瀅

Applicant

人事登記處處長

Respondent

Procedural Posture

Civil Judicial Review Appeal / Appeal Against Refusal of Leave to Apply for Judicial Review in Court of Appeal (written Hearing)

  1. 1 Whether the Registrar lawfully refused to amend the birth date on the identity card
  2. 2 Whether the applicant discharged the evidential burden required by the Registration of Persons Regulations
  3. 3 Whether the Registrar acted with illegality, procedural impropriety or Wednesbury unreasonableness in refusing the change

Ratio Decidendi

The appeal was dismissed because under the Regulations the applicant bore the burden to prove the corrected birth date and failed to discharge it; the Registrar lawfully required further evidence and, confronted with documentary inconsistencies (one-way permit and prior identity applications stating 1970), was entitled to refuse; the refusal was not tainted by illegality, procedural impropriety or Wednesbury unreasonableness, so leave to seek judicial review was properly refused.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed