KO KAI MING v. DIRECTOR OF HEALTH

KO KAI MING v. DIRECTOR OF HEALTH

The application is dismissed because the applicant failed to comply with mandatory procedural requirements (Order 53 r3), failed to demonstrate standing, failed to identify a proper target or specify the relief sought, raised doubts as to the amenability of the subject matter to judicial review, and disclosed no reasonably arguable public law grounds with a realistic prospect of success.

Citation
[2025] HKCFI 2299
Parties
Applicant: Ko Kai Ming; Putative Respondent: Director of Health
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 June 2025
Case Number
HCAL1196/2025
Procedural Posture
Leave to Apply for Judicial Review / Decision on Papers — Application Dismissed
Outcome
Application dismissed
Legal Topics
Standing, Amenability to Judicial Review, Procedural Compliance (order 53 R3), Relief Identification, Merits Assessment, Private Versus Public Law
Source Language
EN
Constitutional Law Administrative Law Healthcare Regulation Judicial Review Public Law Standing Amenability to Judicial Review Procedural Compliance (order 53 R3) +3 more

Case Brief

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Parties

Ko Kai Ming

Applicant

Director of Health

Putative Respondent

Procedural Posture

Leave to Apply for Judicial Review / Decision on Papers — Application Dismissed

Legal Issues

  1. 1 Failure to establish standing
  2. 2 Failure to identify specific decision/target of challenge
  3. 3 Failure to specify relief sought

Ratio Decidendi

The application is dismissed because the applicant failed to comply with mandatory procedural requirements (Order 53 r3), failed to demonstrate standing, failed to identify a proper target or specify the relief sought, raised doubts as to the amenability of the subject matter to judicial review, and disclosed no reasonably arguable public law grounds with a realistic prospect of success.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order as to costs