Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Justiciability of treaties

Legal area

Court

9 Dec 1986

THE HOME RESTAURANT LTD. v. THE ATTORNEY GENERAL

Citation

THE HOME RESTAURANT LTD. v. THE ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP2135/1986

The court held that although it is arguable that grants of Crown leases may engage public law and thus be reviewable, the Joint Declaration and accompanying government announcements are not incorporated into municipal law and cannot be construed by the courts to create a justiciable legitimate expectation; accordingly the applicant's claim disclosed no prospect of success and the leave granted was set aside and the motion struck out.
9 Oct 1985

TANG PING HOI v. ATTORNEY GENERAL

Citation

TANG PING HOI v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP2060/1985

The originating summons was struck out because the relief sought depended on enforcing rights under an international treaty (the Sino-British Joint Declaration) which is not justiciable in municipal courts absent domestic incorporation; the plaintiff's lease had expired before the Declaration entered into force and the court therefore lacked jurisdiction to grant the declaratory and mandatory relief sought.