郭卓堅 v. 律政司司長林定國

郭卓堅 v. 律政司司長林定國

The application was dismissed because the applicant failed to identify any concrete decision affecting him and disclosed no reasonably arguable grounds; moreover prosecutorial decisions by the DoJ are generally only subject to constitutional review under Article 63 Basic Law and no constitutional ground was pleaded.

Citation
[2023] HKCFI 15
Parties
Putative Respondent: Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 2023
Case Number
HCAL1513/2022
Procedural Posture
Judicial Review / Leave Application (form 86) Heard and Dismissed at Hearing
Outcome
Application dismissed.
Legal Topics
Prosecutorial Discretion, Judicial Review, Standing, Injunctive Relief, Costs
Source Language
EN
Administrative Law Constitutional Law Criminal Law Prosecutorial Discretion Judicial Review Standing Injunctive Relief Costs

Case Brief

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Parties

Secretary for Justice

Putative Respondent

Procedural Posture

Judicial Review / Leave Application (form 86) Heard and Dismissed at Hearing

Legal Issues

  1. 1 Whether a specific prosecutorial decision was identified for judicial review
  2. 2 Whether the applicant has standing
  3. 3 Whether prosecutorial decisions of the Department of Justice are amenable to ordinary judicial review or only to constitutional challenge under Article 63 Basic Law

Ratio Decidendi

The application was dismissed because the applicant failed to identify any concrete decision affecting him and disclosed no reasonably arguable grounds; moreover prosecutorial decisions by the DoJ are generally only subject to constitutional review under Article 63 Basic Law and no constitutional ground was pleaded.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.