HUNG HAK SING v. THE SECRETARY FOR THE CIVIL SERVICE and Others

HUNG HAK SING v. THE SECRETARY FOR THE CIVIL SERVICE and Others

The application for leave was deficient in form and substance: the grounds were not self-contained or sufficiently clear, and many declarations sought were inappropriate; accordingly the court did not grant or refuse leave but directed the applicant to file an amended or fresh notice within 14 days and adjourned consideration, reserving the possibility of an oral hearing and awarding costs to the putative respondents.

Citation
HUNG HAK SING v. THE SECRETARY FOR THE CIVIL SERVICE and Others
Parties
Applicant: Hung Hak Sing; 1st Respondent: The Secretary for the Civil Service; 2nd Respondent: The Chairman & Investigating Committee constituted under Colonial Regulation 57; 3rd Respondent: Hon Governor C. Patten P.C.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 April 1998
Case Number
HCAL46/1997
Procedural Posture
Judicial Review (leave to Apply) / Application for Leave Adjourned for Amended Pleading
Outcome
Application for leave adjourned; applicant directed to file amended/fresh notice within 14 days; costs awarded to putative respondents
Legal Topics
Procedural Impropriety, Declarations as Remedies, Leave to Apply for Judicial Review, Appropriate Remedies, Costs, Delay
Source Language
EN
Administrative Law Judicial Review Public Law Employment/disciplinary Law Procedural Impropriety Declarations as Remedies Leave to Apply for Judicial Review Appropriate Remedies +2 more

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Parties

Hung Hak Sing

Applicant

The Secretary for the Civil Service

1st Respondent

The Chairman & Investigating Committee constituted under Colonial Regulation 57

2nd Respondent

Hon Governor C. Patten P.C.

3rd Respondent

Procedural Posture

Judicial Review (leave to Apply) / Application for Leave Adjourned for Amended Pleading

Legal Issues

  1. 1 Whether the grounds and pleadings are sufficiently clear and self-contained to grant leave
  2. 2 Whether declarations sought were an appropriate remedy
  3. 3 Whether interim relief sought was relevant given the applicant had been dismissed

Ratio Decidendi

The application for leave was deficient in form and substance: the grounds were not self-contained or sufficiently clear, and many declarations sought were inappropriate; accordingly the court did not grant or refuse leave but directed the applicant to file an amended or fresh notice within 14 days and adjourned consideration, reserving the possibility of an oral hearing and awarding costs to the putative respondents.

Court Disposition

Application for leave adjourned; applicant directed to file amended/fresh notice within 14 days; costs awarded to putative respondents

Orders

  • Amended or fresh notice to be presented within 14 days
  • Matter to be considered on paper in the first instance; court will notify if an oral hearing is required