Hong Kong Case Law: Decisions & Judgments

Topic

Interim injunction/stay

Legal area

Court

24 Aug 2023

HONG KONG GOLF CLUB v. DIRECTOR OF ENVIRONMENTAL PROTECTION

Citation

[2023] HKCFI 1946
Court

Court of First Instance
Case number

HCAL1258/2023

The court granted an interim stay of the Director of Environmental Protection's Decision approving the EIA Report because the applicant met the applicable merits threshold (strong arguable case on key public law errors regarding heritage, OVTs and hydrology), damages are inadequate, and the balance of convenience — taking into account the wider public interest and the risk of irreversible environmental and heritage harm — favoured preservation of the status quo; a limited carve‑out was ordered to permit the CEDD Review restricted to non‑invasive desktop studies and site inspections.
16 Apr 2020

HONG KONG SHENG KUNG HUI FOUNDATION v. TOWN PLANNING BOARD

Citation

[2020] HKCFI 597
Court

Court of First Instance
Case number

HCAL475/2020

The application for interim stay was dismissed because the applicant did not demonstrate a strong prima facie case or the likelihood of serious and irreparable harm sufficient to override the public interest in timely statutory plan‑making; the Proposed Amendments are not legally binding at this stage, the Applicant can participate at the s6F hearing, and the balance of convenience and public interest favoured allowing the Board to proceed.
7 Jan 2015

MAN HING MEDICAL SUPPLIERS (INTERNATIONAL) LTD v. THE DIRECTOR OF HEALTH AND ANOTHER

Citation

MAN HING MEDICAL SUPPLIERS (INTERNATIONAL) LTD v. THE DIRECTOR OF HEALTH AND ANOTHER
Court

Court of First Instance
Case number

HCAL62/2014

Leave to apply for judicial review established triable issues but interim stay was refused because the balance of convenience favoured protecting public health over the applicant's reputational interests, damages were inadequate for both parties and it was arguable the Director had an implied power to issue recall instructions under Reg 20(g).
23 Jan 1995

In Re Association of Expatriate Civil Servants of Hong Kong & Others

Citation

In Re Association of Expatriate Civil Servants of Hong Kong & Others
Court

Court of First Instance
Case number

HCMP3037/1994

Leave to challenge was granted only in part: the judge held that none of the individual applicants had standing to challenge the decision in para 1(2)(iii) and granted the Association conditional leave subject to filing evidence of at least one affected former member; the judge refused to grant a stay of implementation of the two challenged decisions, concluding damages would be adequate and that the prejudice to respondents and third parties from a stay would outweigh applicants' interests; the judge directed expedited procedural timetables including filing of respondents' evidence within 42…

Hong Kong Case Law

HONG KONG GOLF CLUB v. DIRECTOR OF ENVIRONMENTAL PROTECTION

HONG KONG SHENG KUNG HUI FOUNDATION v. TOWN PLANNING BOARD

MAN HING MEDICAL SUPPLIERS (INTERNATIONAL) LTD v. THE DIRECTOR OF HEALTH AND ANOTHER

In Re Association of Expatriate Civil Servants of Hong Kong & Others