有關方國珊的事宜

有關方國珊的事宜

Permission was refused and the appeal dismissed because the application in substance challenged EIA reports from 2003/2007 and was therefore out of time under Order 53 r.4 with no adequate basis for extension, and because the court could not grant relief overturning a Finance Committee/Legislative Council decision...

Source-derived case information.

Citation
有關方國珊的事宜
Parties
Applicant: FONG KWOK SHAN CHRISTINE; Respondent: Director of Environmental Protection
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
7 December 2015
Case Number
CACV109/2015
Procedural Posture
Judicial Review / Permission Application Appeal Against Refusal of Leave
Outcome
Appeal dismissed; permission to apply for judicial review refused
Legal Topics
Judicial Review Leave to Apply, Separation of Powers, Justiciability of Legislative Acts, Time Limits and Delay, Environmental Impact Assessment (eia)
Source Language
ch
Administrative Law Constitutional Law Environmental Law Civil Procedure Judicial Review Leave to Apply Separation of Powers Justiciability of Legislative Acts Time Limits and Delay +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

FONG KWOK SHAN CHRISTINE

Applicant

Director of Environmental Protection

Respondent

Procedural Posture

Judicial Review / Permission Application Appeal Against Refusal of Leave

  1. 1 Whether the challenge effectively targeted 2003/2007 EIA reports and was time‑barred
  2. 2 Whether the court has jurisdiction to review a Legislative Council/Finance Committee decision
  3. 3 Whether applicant named the correct respondent and thus whether relief against the Finance Committee could be granted

Ratio Decidendi

Permission was refused and the appeal dismissed because the application in substance challenged EIA reports from 2003/2007 and was therefore out of time under Order 53 r.4 with no adequate basis for extension, and because the court could not grant relief overturning a Finance Committee/Legislative Council decision when the legislature was not a respondent and such internal legislative decisions are non‑justiciable under the separation of powers as explained in Leung Kwok Hung (No 1).

Court Disposition

Appeal dismissed; permission to apply for judicial review refused

Orders

  • Permission to apply for judicial review refused
  • Appeal dismissed