Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Judicial review procedure (order 53)

Legal area

Court

23 May 2023

SOURABH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2023] HKCFI 1386
Court

Court of First Instance
Case number

HCAL729/2020

The applicant's failure to provide the court-directed affirmation confirming that the withdrawal was voluntary and his failure to prosecute demonstrated a lack of intention to pursue the leave application; accordingly the court refused the withdrawal application and dismissed the leave application for want of prosecution.
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.