LAM HON FEI FREEMAN v. CHIEF EXECUTIVE IN COUNCIL

LAM HON FEI FREEMAN v. CHIEF EXECUTIVE IN COUNCIL

The applicants demonstrated a prima facie sufficient interest (standing) to seek judicial review of the Decision regarding interference with the freedom to receive information; the question whether the right to receive information requires the information to already exist is arguable and not appropriate for conclusive determination at the leave stage; accordingly leave to apply for judicial review is granted on the stated grounds except insofar as they seek to enforce alleged infringements of HKTVN's own rights.

Citation
LAM HON FEI FREEMAN v. CHIEF EXECUTIVE IN COUNCIL
Parties
Applicant (hcal 169/2013): Kwok Cheuk Kin; Applicant (hcal 7/2014): Applicant in HCAL 7/2014; Putative Respondent: Chief Executive in Council; Interested Party / Separate Applicant With Leave Granted: Hong Kong Television Network Limited (HKTVN)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 June 2014
Case Number
HCAL7/2014
Procedural Posture
Judicial Review Leave Application / Leave Stage (application for Leave)
Outcome
leave granted to applicants to apply for judicial review on the pleaded grounds subject to exclusions
Legal Topics
Standing (locus), Freedom to Receive Information, Licensing Regime, Procedural Impropriety, Irrationality, Reasons for Decision
Source Language
EN
Constitutional Law Administrative Law Judicial Review Broadcasting Law Human Rights Law Standing (locus) Freedom to Receive Information Licensing Regime +3 more

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Parties

Kwok Cheuk Kin

Applicant (hcal 169/2013)

Applicant in HCAL 7/2014

Applicant (hcal 7/2014)

Chief Executive in Council

Putative Respondent

Hong Kong Television Network Limited (HKTVN)

Interested Party / Separate Applicant With Leave Granted

Procedural Posture

Judicial Review Leave Application / Leave Stage (application for Leave)

Legal Issues

  1. 1 Whether applicants have sufficient interest/standing to seek judicial review
  2. 2 Whether the constitutional right to receive information is engaged where the information may not yet exist
  3. 3 Whether the Broadcasting Ordinance licensing power constitutes a restriction of freedom of expression not prescribed by law

Ratio Decidendi

The applicants demonstrated a prima facie sufficient interest (standing) to seek judicial review of the Decision regarding interference with the freedom to receive information; the question whether the right to receive information requires the information to already exist is arguable and not appropriate for conclusive determination at the leave stage; accordingly leave to apply for judicial review is granted on the stated grounds except insofar as they seek to enforce alleged infringements of HKTVN's own rights.

Court Disposition

leave granted to applicants to apply for judicial review on the pleaded grounds subject to exclusions

Orders

  • Leave granted to the applicants to apply for judicial review on all grounds in the Amended Form 86 except challenges based on or by reference to alleged infringements of HKTVN's own rights
  • Liberty to apply for further directions relating to the further conduct of these judicial review applications