CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. YAU WAI CHING AND OTHERS

CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. YAU WAI CHING AND OTHERS

The President's application to vary the costs order nisi is refused; the public interest exception does not apply to a respondent/public authority that actively and unsuccessfully defended its decision and whose opposition was not to seek public guidance with a real prospect of success; the costs order nisi (President to bear one-fifth of CE and SJ's costs) is made absolute and the President must also pay the costs of the variation application.

Citation
CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. YAU WAI CHING AND OTHERS
Parties
1st Applicant / 1st Plaintiff: Chief Executive of the Hong Kong Special Administrative Region; 2nd Applicant / 2nd Plaintiff: Secretary for Justice; Respondent / 3rd Defendant: President of the Legislative Council; 1st Interested Party / 2nd Defendant: Sixtus Leung Chung Hang; 2nd Interested Party / 1st Defendant: Yau Wai Ching
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 February 2017
Case Number
HCMP2819/2016
Procedural Posture
Judicial Review (constitutional and Administrative Law) / Decision on Costs (application to Vary Costs Order Nisi)
Outcome
Application to vary costs order nisi refused; costs order made absolute in favour of applicants.
Legal Topics
Costs, Public Interest Litigation, Judicial Review, Oath Administration
Source Language
EN
Constitutional Law Administrative Law Civil Procedure (costs) Costs Public Interest Litigation Judicial Review Oath Administration

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Parties

Chief Executive of the Hong Kong Special Administrative Region

1st Applicant / 1st Plaintiff

Secretary for Justice

2nd Applicant / 2nd Plaintiff

President of the Legislative Council

Respondent / 3rd Defendant

Sixtus Leung Chung Hang

1st Interested Party / 2nd Defendant

Yau Wai Ching

2nd Interested Party / 1st Defendant

Procedural Posture

Judicial Review (constitutional and Administrative Law) / Decision on Costs (application to Vary Costs Order Nisi)

Legal Issues

  1. 1 Whether the President may vary the costs order nisi
  2. 2 Whether the public interest exception to the ordinary costs rule applies to a respondent/public authority who unsuccessfully defended a decision
  3. 3 Whether the President's participation and limited opposition falls within the public interest exception

Ratio Decidendi

The President's application to vary the costs order nisi is refused; the public interest exception does not apply to a respondent/public authority that actively and unsuccessfully defended its decision and whose opposition was not to seek public guidance with a real prospect of success; the costs order nisi (President to bear one-fifth of CE and SJ's costs) is made absolute and the President must also pay the costs of the variation application.

Court Disposition

Application to vary costs order nisi refused; costs order made absolute in favour of applicants.

Orders

  • Refusal of President's application to vary the costs order nisi
  • Costs order nisi dated 1 December 2016 (President to bear one-fifth of Chief Executive and Secretary for Justice's costs) made absolute