Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Amenability of judicial decisions to judicial review

  • 17 Mar 2026

    何漢標 對 陳靜芬高等法院原訟法庭法官

    Citation
    [2026] HKCA 362
    Court
    Court of Appeal
    Case number
    CACV499/2024

    The application to admit the psychiatric report was refused because the applicant failed to show it could not with reasonable diligence have been obtained before the permission application (failing Ladd v Marshall limb 1) and failed to demonstrate the report would have had a material effect on the permission decision (failing limb 2); although the report was prima facie credible (limb 3 satisfied), there were no wholly exceptional circumstances or public interest to justify exercising the discretionary power to admit the evidence. The court therefore vacated the originating summonses for the…

    • Ladd v marshall test for new evidence
    • Admissibility of fresh evidence on appeal
    • Amenability of judicial decisions to judicial review
    • Discretion to admit evidence in exceptional cases
    • Assessment of costs

  • 17 Mar 2016

    梁偉珍 對 區慶祥法官

    Citation
    梁偉珍 對 區慶祥法官
    Court
    Court of Appeal
    Case number
    CACV203/2015

    The Court held that the order of a High Court judge was a judicial decision made in exercise of judicial jurisdiction and not an administrative decision; therefore it was not amenable to judicial review and the refusal to grant leave was correct.

    • Amenability of judicial decisions to judicial review
    • Scope of public law vs private law
    • Leave to apply for judicial review
    • Judicial acts of high court judges