3 Dec 2003
CH\'NG POH v. THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
- Citation
- CH\'NG POH v. THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
- Court
- Court of First Instance
- Case number
- HCAL182/2002
The court held that while the merits of the Chief Executive's exercise of the prerogative of mercy and statutory referral power are not for the court, the lawfulness of the process by which those powers are exercised is justiciable under the Basic Law; applying tests for apparent bias and procedural fairness the applicant failed to show a real danger of unconscious bias, failure to place materials or to permit oral representations did not render the process unfair, and the Department of Justice advice was not objectively one sided; therefore the judicial review application was dismissed and c…