Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory appeal routes
  • 18 Nov 2010

    RE NG KIN WO JOHNNY

    Citation
    RE NG KIN WO JOHNNY
    Court
    Court of First Instance
    Case number
    HCAL114/2010

    Leave to apply for judicial review was refused because the Applicant was out of time to challenge the Director's November 2009 decision, had an available statutory appeal route to the MSAB which he either failed to use or used and lost, the MSAB had considered and decided the substantive issues including the alleged unfair treatment and policy weight, new factual grounds not raised before MSAB could not properly be ventilated in judicial review, and the LAB jurisdiction point is academic given termination of tenancies; accordingly no arguable ground for judicial review existed.