Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial review – leave and standing
  • 14 Feb 2000

    LUI TAT HANG LOUIS v. THE POST-RELEASE SUPERVISION BOARD AND ANOTHER

    Citation
    LUI TAT HANG LOUIS v. THE POST-RELEASE SUPERVISION BOARD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAL154/1999

    Leave to apply for judicial review was granted because there was material to demonstrate an arguable case that applying the Post-Release Supervision Ordinance to prisoners sentenced before its commencement may impose a retrospective heavier penalty contrary to human rights protections; time for filing was extended due to the applicant's pursuit of legal aid and public importance of the issue; however, remedies that would be wholly academic (certiorari or injunction) were refused.

    • Retrospective legislation
    • Retrospective punishment
    • Remission of sentence
    • Judicial review – leave and standing
    • Mootness/academic issues
    • Post-release supervision