Hong Kong Case Law: Decisions & Judgments

Topic

Standing (sufficient interest)

Legal area

Court

27 May 2021

803 FUNDS LTD v. DIRECTOR OF BUILDINGS

Citation

[2021] HKCFI 1471
Court

Court of First Instance
Case number

HCAL2215/2020

The Applicant, a company claiming public interest objectives, does not possess a sufficient interest in the subject matter to obtain leave for judicial review; on a holistic assessment the challenge does not justify granting leave (notwithstanding that one ground was arguably reasonably arguable), and the Director lawfully applied established risk‑based enforcement policies in declining immediate statutory enforcement orders; accordingly leave to apply for judicial review is refused.
19 Oct 2017

KWOK CHEUK KIN v. COMMISSIONER OF POLICE AND ANOTHER

Citation

KWOK CHEUK KIN v. COMMISSIONER OF POLICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL55/2017

The Special Meeting was not a 'public meeting' because the PSRC premises operated on ordinary membership/invitee access controls and were not a place to which the public or any section of the public were entitled or permitted access on the occasion; accordingly no notification under s7(1) was required. The applicant lacked sufficient interest to obtain leave for judicial review. Leave is refused and amendment applications dismissed.
6 Mar 2017

有關陳海瀅及另一人的事宜

Citation

有關陳海瀅及另一人的事宜
Court

Court of Appeal
Case number

CACV273/2015

The Court held that the applicants must pursue the statutory appeal and review mechanisms under Cap.492 to challenge the costs order and costs assessment; judicial review cannot be used to bypass those remedies. The first applicant lacked sufficient interest to seek judicial review of an order against her daughter. The lower court judge's refusal to grant permission was lawful and supported by reasons; the grant of permission was properly refused as an abuse of process. The appeal was dismissed and permission to apply for judicial review refused.
12 Jun 1997

NG KING LUEN v. RITA FAN

Citation

NG KING LUEN v. RITA FAN
Court

Court of First Instance
Case number

HCAL39/1997

Leave to apply for judicial review was refused because the applicant lacked sufficient interest and, in any event, no arguable unlawfulness was shown; the acts complained of occurred outside Hong Kong and were political in nature and therefore non‑justiciable, so the application was bound to fail.
18 Jan 1995

In re Ferdinand Tromp and Others

Citation

In re Ferdinand Tromp and Others
Court

Court of First Instance
Case number

HCMP3037/1994

Leave to apply for judicial review is to be granted selectively: where the court is satisfied applicants have sufficient interest and there are arguable grounds that rights of a public nature have been infringed. Leave is refused where challenged items are non-decisions, repetitions, unarguable, time-barred or do not affect the individual applicants; conditional leave may be granted subject to specified affidavits and explanations; ambiguous items are adjourned for clarification.

Hong Kong Case Law

803 FUNDS LTD v. DIRECTOR OF BUILDINGS

KWOK CHEUK KIN v. COMMISSIONER OF POLICE AND ANOTHER

有關陳海瀅及另一人的事宜

NG KING LUEN v. RITA FAN

In re Ferdinand Tromp and Others