5 Jun 2015
LEUNG LAI KWOK YVONNE v. THE CHIEF SECRETARY FOR ADMINISTRATION AND OTHERS
- Citation
- LEUNG LAI KWOK YVONNE v. THE CHIEF SECRETARY FOR ADMINISTRATION AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAL31/2015
Leave refused. The court held the proposed grounds were not reasonably arguable with a realistic prospect of success because (1) even if the NPCSC Further Statement exceeded the 2004 Interpretation, excluded views would have been non-viable given the NPCSC framework and thus there was no legal duty to consult them, so any error would not have materially affected the consultation; and (2) the challenge was premature as the legislative/process steps (LegCo endorsement, CE consent, NPCSC approval) remained extant and courts should avoid pre-enactment interference in deference to separation of po…
- Npcsc interpretation and binding effect
- Basic law article 45 and annex i
- Pre-enactment challenge/separation of powers
- Duty to consult and viable options
- Proportionality and suffrage rights