21 May 2020
謝瑛明 訴 社會福利署署長（梁松泰）及另十人
- Citation
- [2020] HKCFI 847
- Court
- Court of First Instance
- Case number
- HCAL194/2020
Leave to apply for judicial review was refused because (1) the Guardianship Board, not the Social Welfare Department staff, made the dispositive guardianship decisions so the applicant targeted the wrong respondents; (2) the original guardianship order was outside the three-month leave period and thus academic; (3) the challenge to the extension was premature while statutory review/appeal processes under the Mental Health Ordinance remain available or pending; (4) statutory appeal mechanisms exist and must be exhausted; and (5) alleged criminal conduct should be investigated by law enforcemen…