VAN CAN ON AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND OTHERS

VAN CAN ON AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND OTHERS

The two additional grounds identified in the applicants' skeleton agreement are not included in the Amended Grounds and, pursuant to Ord. 53 r.6(1), cannot be relied upon by the applicants until leave to re-amend the Grounds on which relief is sought has been granted.

Citation
VAN CAN ON AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND OTHERS
Parties
Applicants: VAN CAN ON and others; 1st Respondent: THE DIRECTOR OF IMMIGRATION; 2nd Respondent: THE DIRECTOR OF LEGAL AID; 3rd Respondent: THE CHAIRMAN OF THE REFUGEE STATUS REVIEW BOARD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 October 1996
Case Number
HCMP2037/1996
Procedural Posture
Miscellaneous Proceedings / Ruling on Proposed Additional Grounds and Requirement for Leave to Re Amend
Outcome
Application to rely on the two additional grounds refused until leave to re-amend is granted
Legal Topics
Confidentiality, Disclosure, Statutory Entitlement to Documents, Amendment of Grounds, Procedural Fairness, Irrationality
Source Language
EN
Administrative Law Immigration Law Legal Aid Civil Procedure Judicial Review Confidentiality Disclosure Statutory Entitlement to Documents +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

VAN CAN ON and others

Applicants

THE DIRECTOR OF IMMIGRATION

1st Respondent

THE DIRECTOR OF LEGAL AID

2nd Respondent

THE CHAIRMAN OF THE REFUGEE STATUS REVIEW BOARD

3rd Respondent

Procedural Posture

Miscellaneous Proceedings / Ruling on Proposed Additional Grounds and Requirement for Leave to Re Amend

Legal Issues

  1. 1 Whether two additional grounds in the applicants' skeleton agreement may be relied upon though not pleaded in the Amended Grounds
  2. 2 Whether the Director of Legal Aid has an unconditional statutory entitlement to information under section 9(a) of the Legal Aid Ordinance
  3. 3 Whether provision of documents to the Registrar constituted a breach of confidentiality that makes refusal to disclose to applicants irrational

Ratio Decidendi

The two additional grounds identified in the applicants' skeleton agreement are not included in the Amended Grounds and, pursuant to Ord. 53 r.6(1), cannot be relied upon by the applicants until leave to re-amend the Grounds on which relief is sought has been granted.

Court Disposition

Application to rely on the two additional grounds refused until leave to re-amend is granted

Orders

  • Pursuant to Ord. 53 r. 6(1), the two additional grounds cannot be relied upon by the Applicants until leave to re-amend the Grounds on which relief is sought has been granted.