郭卓堅 v. 葛佩帆及另一人

郭卓堅 v. 葛佩帆及另一人

The applications for leave were dismissed because the applicant failed to identify a subject matter amenable to judicial review, the statutory election petition procedure was the proper route to challenge the elections, the applicant lacked standing or sufficient interest for two of the challenges, and the...

Source-derived case information.

Citation
[2021] HKCFI 133
Parties
Applicant: Mr Kwok; Putative Respondent: Mr Ho; Putative Respondent: Ms Quat; Putative Respondent: Mr Or
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 2021
Case Number
HCAL429/2017
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application
Outcome
Applications for leave to apply for judicial review dismissed
Legal Topics
Disqualification of Elected Member, Election Petition Versus Judicial Review, Standing and Sufficient Interest, Limitation and Delay in Judicial Review, Costs in Judicial Review
Source Language
en
Administrative Law Election Law Judicial Review Constitutional Law Civil Procedure Disqualification of Elected Member Election Petition Versus Judicial Review Standing and Sufficient Interest +2 more

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Summary, issues, holding and outcome

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Parties

Mr Kwok

Applicant

Mr Ho

Putative Respondent

Ms Quat

Putative Respondent

Mr Or

Putative Respondent

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application

Legal Issues

  1. 1 Whether the election of a Legislative Council member can properly be challenged by judicial review
  2. 2 Whether the Form 86 identified a subject matter amenable to judicial review
  3. 3 Whether the statutory election petition procedure under the Legislative Council Ordinance is the appropriate avenue

Ratio Decidendi

The applications for leave were dismissed because the applicant failed to identify a subject matter amenable to judicial review, the statutory election petition procedure was the proper route to challenge the elections, the applicant lacked standing or sufficient interest for two of the challenges, and the applications were substantially out of time without good explanation, rendering the claims not reasonably arguable and without realistic prospect of success.

Court Disposition

Applications for leave to apply for judicial review dismissed

Orders

  • Applications dismissed
  • No order as to costs