ROBINSON, DUNDAS (羅便臣) 對 九龍城裁判法院署理主任裁判官嚴舜儀

ROBINSON, DUNDAS (羅便臣) 對 九龍城裁判法院署理主任裁判官嚴舜儀

Leave to appeal was refused because the applicant did not demonstrate any issue of general or public importance under s22(1)(b), the pleaded grounds did not contest the statutory validity of the s31 detention order, and the allegations against the doctor were factually and legally unsubstantiated and irrelevant to...

Source-derived case information.

Citation
[2020] HKCA 836
Parties
Applicant: ROBINSON, DUNDAS (羅便臣); Suggested Respondent: 九龍城裁判法院署理主任裁判官嚴舜儀
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 October 2020
Case Number
CACV124/2020
Procedural Posture
Application for Leave to Appeal to the Court of Final Appeal Under S22(1)(b) of the Court of Final Appeal Ordinance / Leave Application Decided on Papers
Outcome
Application for leave to appeal to the Court of Final Appeal refused and the applicant's motion of 3 September 2020 revoked.
Legal Topics
Leave to Appeal, Judicial Review of Detention, Mental Health Ordinance S31, Public Importance Threshold, Allegations of Obstruction of Justice
Source Language
ch
Judicial Review Administrative Law Mental Health Law Criminal Procedure Leave to Appeal Judicial Review of Detention Mental Health Ordinance S31 Public Importance Threshold +1 more

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Parties

ROBINSON, DUNDAS (羅便臣)

Applicant

九龍城裁判法院署理主任裁判官嚴舜儀

Suggested Respondent

Procedural Posture

Application for Leave to Appeal to the Court of Final Appeal Under S22(1)(b) of the Court of Final Appeal Ordinance / Leave Application Decided on Papers

  1. 1 Whether the applicant raised an issue of general or public importance under s22(1)(b) warranting leave to appeal to the Court of Final Appeal
  2. 2 Whether the applicant's judicial review properly challenged the 2011 detention order under Mental Health Ordinance s31 or instead a 2020 decision
  3. 3 Whether allegations that a hospital doctor committed obstruction of justice are factually or legally relevant to the applicant's judicial review claim

Ratio Decidendi

Leave to appeal was refused because the applicant did not demonstrate any issue of general or public importance under s22(1)(b), the pleaded grounds did not contest the statutory validity of the s31 detention order, and the allegations against the doctor were factually and legally unsubstantiated and irrelevant to the judicial review before the court.

Court Disposition

Application for leave to appeal to the Court of Final Appeal refused and the applicant's motion of 3 September 2020 revoked.

Orders

  • Leave to appeal to the Court of Final Appeal refused.
  • The motion dated 3 September 2020 seeking leave to appeal to the Court of Final Appeal is revoked.