18 Nov 1996
LAU WONG FAT v. ATTORNEY GENERAL
- Citation
- LAU WONG FAT v. ATTORNEY GENERAL
- Court
- Court of First Instance
- Case number
- HCA6016/1994
The writ and statement of claim were struck out because the plaintiff's challenge is a public law/constitutional challenge to primary legislation and proceeding by ordinary action is an abuse of the court's process when the proper remedy is judicial review under Order 53; the plaintiff nonetheless has an arguable case under the Bill of Rights and arguable locus standi, but the existing Hong Kong courts lack jurisdiction to interpret the Basic Law prior to the establishment of the SAR on 1 July 1997.