Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Basic law article 47

  • 28 Sept 2012

    RE HO CHUN YAN, ALBERT

    Citation
    RE HO CHUN YAN, ALBERT
    Court
    Court of First Instance
    Case number
    HCAL84/2012

    Leave to apply for judicial review was refused; having regard to the concurrence of an election petition, the tactical commencement of parallel proceedings by Mr Ho and substantial overlap with Mr Leung's pleadings (and awareness of the petition), the court found unusual circumstances justifying a costs order. Each applicant was ordered to pay half the Respondent's costs on a party-to-party basis, to be taxed if not agreed with certificate for two counsel; indemnity costs were refused.

  • 30 Jul 2012

    RE HO CHUN YAN, ALBERT

    Citation
    RE HO CHUN YAN, ALBERT
    Court
    Court of First Instance
    Case number
    HCAL84/2012

    Section 32 of the CEEO must be given its plain meaning: challenges to a Chief Executive election on the grounds enumerated in s32 can be pursued only by election petition under that statutory scheme; Article 47 does not permit judicial review to remove or disqualify a Chief Executive for pre-office conduct; accordingly leave to apply for judicial review was refused as a matter of law and, in any event, as a matter of judicial discretion to prevent parallel proceedings and abuse of process given HCAL 85/2012.