Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Basic law article 23

Legal area

Court

9 Dec 2022

沈泰鋒對林鄭月娥 [Decision on Leave Application]

Citation

[2022] HKCFI 3691
Court

Court of First Instance
Case number

HCAL1407/2022

Permission to apply for judicial review was refused because the NSL was validly enacted by the NPC/NPCSC pursuant to the Basic Law and Article 18, the local courts cannot challenge legislative acts of the NPC/NPCSC exercised under the Basic Law, the NSL was intended to be compatible and to have primacy where inconsistent with local law, and the applicant lacked any arguable case or sufficient legal interest.
22 Mar 2012

陳鈺麟對香港特別行政區選舉管理委員會

Citation

陳鈺麟對香港特別行政區選舉管理委員會
Court

Court of First Instance
Case number

HCAL32/2012

Leave to apply for judicial review was refused because the statutory scheme confines challenges to election petitions and the applicant did not have standing under s33, and because on the merits the applicant's Article 23-based arguments were not arguable and had been repeatedly rejected by the courts, so judicial discretion to grant leave was properly refused.