陳海瀅 對 (特區政府)特首梁振英先生

陳海瀅 對 (特區政府)特首梁振英先生

The appeal is dismissed because the rules lawfully allow the judge to decide the leave application without an oral hearing; the applicant's claims were too vague and lacked necessary particulars and failed to demonstrate any act, decision or omission by the Chief Executive; and the application was not brought within...

Source-derived case information.

Citation
陳海瀅 對 (特區政府)特首梁振英先生
Parties
Applicant: 陳海瀅; Respondent: 梁振英(行政長官)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 July 2016
Case Number
CACV20/2015
Procedural Posture
Judicial Review Appeal / Appeal From Refusal of Leave to Apply for Judicial Review (determined on Written Submissions)
Outcome
Appeal dismissed; original refusal of leave to apply for judicial review affirmed
Legal Topics
Leave to Apply for Judicial Review, Limitation Period, Procedural Fairness, Case Management
Source Language
ch
Administrative Law Civil Procedure Judicial Review Leave to Apply for Judicial Review Limitation Period Procedural Fairness Case Management

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Parties

陳海瀅

Applicant

梁振英(行政長官)

Respondent

Procedural Posture

Judicial Review Appeal / Appeal From Refusal of Leave to Apply for Judicial Review (determined on Written Submissions)

  1. 1 Whether a judge may decide a leave application without a hearing under the rules
  2. 2 Whether the applicant pleaded sufficient facts and identified any act, omission or decision by the Chief Executive
  3. 3 Whether the application was time-barred and whether good cause for extension was shown

Ratio Decidendi

The appeal is dismissed because the rules lawfully allow the judge to decide the leave application without an oral hearing; the applicant's claims were too vague and lacked necessary particulars and failed to demonstrate any act, decision or omission by the Chief Executive; and the application was not brought within the three‑month rule with no adequate explanation for delay, so there was no reasonable prospect of success.

Court Disposition

Appeal dismissed; original refusal of leave to apply for judicial review affirmed

Orders

  • Appeal dismissed
  • Leave to apply for judicial review refused