黃容治 對 立法會秘書處及另二人

黃容治 對 立法會秘書處及另二人

The Court of Appeal held the judge below correctly applied the Po Fun Chan test and was entitled to find the appellant's grounds speculative and without realistic prospect of success; the appeal was dismissed as an abuse of process, the application to admit fresh evidence was refused, costs were ordered against the...

Source-derived case information.

Citation
黃容治 對 立法會秘書處及另二人
Parties
Appellant: 黃容治; First Suggested Respondent: 立法會秘書處; Second Suggested Respondent: 投訴警察課; Third Suggested Respondent: 警務處處長; Interested Party: 獨立監察警方處理投訴委員會
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 September 2016
Case Number
CACV169/2015
Procedural Posture
Appeal From Refusal of Leave to Apply for Judicial Review (civil Appeal) / Court of Appeal Hearing on Merits of Appeal and Application to Admit Fresh Evidence
Outcome
Appeal dismissed; application to admit fresh evidence denied; costs awarded; injunction against further letters to the court
Legal Topics
Leave to Apply for Judicial Review, Abuse of Process, Costs, Admission of Fresh Evidence, Judicial Deference to Police Investigations
Source Language
ch
Judicial Review Administrative Law Civil Procedure Police Complaints Leave to Apply for Judicial Review Abuse of Process Costs Admission of Fresh Evidence +1 more

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Parties

黃容治

Appellant

立法會秘書處

First Suggested Respondent

投訴警察課

Second Suggested Respondent

警務處處長

Third Suggested Respondent

獨立監察警方處理投訴委員會

Interested Party

Procedural Posture

Appeal From Refusal of Leave to Apply for Judicial Review (civil Appeal) / Court of Appeal Hearing on Merits of Appeal and Application to Admit Fresh Evidence

  1. 1 Whether the lower court correctly applied the Po Fun Chan leave test for judicial review
  2. 2 Whether the appellant's grounds were arguable and had a real prospect of success
  3. 3 Whether mere dissatisfaction with police handling of a complaint constitutes a ground for judicial review

Ratio Decidendi

The Court of Appeal held the judge below correctly applied the Po Fun Chan test and was entitled to find the appellant's grounds speculative and without realistic prospect of success; the appeal was dismissed as an abuse of process, the application to admit fresh evidence was refused, costs were ordered against the appellant and specific non‑communication directions were issued against the appellant.

Court Disposition

Appeal dismissed; application to admit fresh evidence denied; costs awarded; injunction against further letters to the court

Orders

  • Appeal dismissed
  • Application to adduce fresh evidence filed 11 May 2015 dismissed and the related subpoena vacated