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

Leave to appeal was refused because the applicant failed to demonstrate in her notice of motion or written submissions that any issue raised was of general or public importance or met the statutory threshold under section 22(1) of the Court of Final Appeal Ordinance.

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: (特區政府)特首梁振英
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
29 September 2016
Case Number
CACV20/2015
Procedural Posture
Civil Appeal (application for Leave to Appeal to Court of Final Appeal) / Application for Leave to Appeal
Outcome
application for leave to appeal to the Court of Final Appeal refused
Legal Topics
Leave to Appeal, Public Importance, Final Appellate Jurisdiction
Source Language
ch
Constitutional Law Administrative Law Civil Procedure Appellate Law Leave to Appeal Public Importance Final Appellate Jurisdiction

Source-derived case record

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Parties

陳海瀅

Applicant

(特區政府)特首梁振英

Respondent

Procedural Posture

Civil Appeal (application for Leave to Appeal to Court of Final Appeal) / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the issues raised are of general or public importance under section 22(1) of the Court of Final Appeal Ordinance
  2. 2 Whether the applicant in her notice of motion and written submissions identified grounds warranting the Court of Final Appeal's consideration
  3. 3 Whether leave to appeal should be granted when the statutory threshold of public importance is not pleaded or argued

Ratio Decidendi

Leave to appeal was refused because the applicant failed to demonstrate in her notice of motion or written submissions that any issue raised was of general or public importance or met the statutory threshold under section 22(1) of the Court of Final Appeal Ordinance.

Court Disposition

application for leave to appeal to the Court of Final Appeal refused

Orders

  • Application for leave to appeal to the Court of Final Appeal refused