25 Aug 2015
何建民 v. 香港警務處處長
- Citation
- 何建民 v. 香港警務處處長
- Court
- Court of Final Appeal
- Case number
- FAMV59/2014
The Court held that the Henderson v Henderson abuse of process principle applies; whether a subsequent civil action is abusive requires a broad merits-based balancing where a change in law may be a relevant factor but does not automatically prevent application of the principle. On the facts the Court of Appeal correctly concluded the Applicants' private law claims were an abuse because the constitutional issue could and should have been raised in earlier judicial review proceedings; leave to appeal was refused.