YU TAK MING v. DIRECTOR OF IMMIGRATION
The application for leave for judicial review was dismissed because no arguable legal grounds were advanced and humanitarian sympathy is not a permissible basis for granting leave.
Source-derived case information.
- Citation
- YU TAK MING v. DIRECTOR OF IMMIGRATION
- Parties
- Applicant: Yu Tak Ming; Respondent: Director of Immigration
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 21 July 1998
- Case Number
- HCAL19/1998
- Procedural Posture
- Administrative Law Judicial Review / Application for Leave for Judicial Review
- Outcome
- Application for leave for judicial review dismissed
- Legal Topics
- Leave to Apply for Judicial Review, Humanitarian Grounds, Repatriation, Exhaustion of Remedies, Costs
- Source Language
- et
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yu Tak Ming
Applicant
Director of Immigration
Respondent
Procedural Posture
Administrative Law Judicial Review / Application for Leave for Judicial Review
Legal Issues
- 1 Whether leave to apply for judicial review should be granted
- 2 Whether humanitarian sympathy constitutes a valid ground for leave
- 3 Whether repeated repatriation and exhaustion of petitions affect entitlement to judicial review
Ratio Decidendi
The application for leave for judicial review was dismissed because no arguable legal grounds were advanced and humanitarian sympathy is not a permissible basis for granting leave.
Court Disposition
Application for leave for judicial review dismissed
Orders
- Application for leave for judicial review dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
bjbj HCAL000019/1998 HCAL 19 of 1998 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ADMINISTRATIVE LAW PROCEEDINGS NO. HCAL 19 OF 1998 ----------------- BETWEEN YU TAK MING Applicant DIRECTOR OF IMMIGRATION Respondent ----------------- Coram: The Honourable Mr. Justice Waung in Chambers Date of Hearing: 21st July 1998 Date of Delivery of Judgment: 21st July 1998 ----------------- JUDGMENT ----------------- The wife of the Applicant is an illegal immigrant and has been ordered to leave Hong Kong. She had been repatriated in fact a number of times for being an illegal immigrant. All avenues to permit her to stay in Hong Kong had been exhausted including petitioning the Governor and the Chief Executive. I have heard Mr. Yu who addressed me at great length and I have read the submissions of Miss Yeung. There is no ground whatever advanced to seek leave for Judicial Review. I have explained to Mr. Yu that humanitarian sympathy is not a ground on which this Court is permitted to grant leave for Judicial Review. In the circumstances, the application must be dismissed. I make no order of costs in respect of the application. William Waung Judge of the Court of First Instance, High Court Representation: Mr. Yu Tak Ming, Applicant (In Person) Miss Daphne Yeung, Deputy Principal Government Counsel (Ag), of Department of Justice for Respondent PAGE - PAGE - &`#$ HCAL000019/1998 YU TAK MING v. DIRECTOR OF IMMIGRATION Judiciary Hong Kong SAR Normal.dot Judiciary Hong Kong SAR Microsoft Word 9.0 Judiciary Hong Kong SAR HCAL000019/1998 YU TAK MING v. DIRECTOR OF IMMIGRATION Title Microsoft Word Document MSWordDoc Word.Document.8