陳秀桃 對 香港特別行政區政府首長

陳秀桃 對 香港特別行政區政府首長

The appeal failed because the applicant did not identify any specific administrative order or produce evidence that such an order existed or that it was made at HSBC's request; the original judge therefore correctly refused permission for judicial review and the applications to admit further evidence were...

Source-derived case information.

Citation
[2024] HKCA 864
Parties
Applicant: 陳秀桃; Respondent: 香港特別行政區政府首長
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 September 2024
Case Number
CACV231/2023
Procedural Posture
Judicial Review Appeal / Appeal From Refusal of Permission to Apply for Judicial Review (court of Appeal Hearing)
Outcome
Appeal dismissed; original judge's refusal of permission to apply for judicial review upheld; all summonses/applications to admit new evidence refused or dismissed; costs reserved for determination.
Legal Topics
Permission to Apply for Judicial Review, Admission of Fresh Evidence, Identification of Impugned Administrative Act, Costs
Source Language
ch
Administrative Law Judicial Review Civil Procedure Evidence Permission to Apply for Judicial Review Admission of Fresh Evidence Identification of Impugned Administrative Act Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

陳秀桃

Applicant

香港特別行政區政府首長

Respondent

Procedural Posture

Judicial Review Appeal / Appeal From Refusal of Permission to Apply for Judicial Review (court of Appeal Hearing)

  1. 1 Whether the applicant identified any administrative order or decision by the HKSAR Government
  2. 2 Whether there was evidence that any such administrative order existed
  3. 3 Whether any alleged administrative order was issued at the behest of the HSBC Group

Ratio Decidendi

The appeal failed because the applicant did not identify any specific administrative order or produce evidence that such an order existed or that it was made at HSBC's request; the original judge therefore correctly refused permission for judicial review and the applications to admit further evidence were procedurally and substantively unfounded.

Court Disposition

Appeal dismissed; original judge's refusal of permission to apply for judicial review upheld; all summonses/applications to admit new evidence refused or dismissed; costs reserved for determination.

Orders

  • Appeal dismissed.
  • All summonses/applications to admit or rely on fresh evidence refused.