Hong Kong Case Law: Decisions & Judgments

Topic

Filibuster

Legal area

Court

7 Oct 2015

WONG YUK MAN v. NG LEUNG SING AND ANOTHER

Citation

WONG YUK MAN v. NG LEUNG SING AND ANOTHER
Court

Court of First Instance
Case number

HCAL78/2014

Leave to apply for judicial review refused because the common law non‑intervention principle bars court review of internal Finance Committee procedural compliance absent a clear constitutional requirement; Article 73(3) and section 23 LCPPO do not require departure from that principle; alternatively the FC Chairman lawfully possessed power to regulate meetings, including ending filibusters, and the court should not review the manner of its exercise.
29 Sept 2014

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER

Citation

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER
Court

Court of Final Appeal
Case number

FACV1/2014

Article 73(1) does not confer an individual right on a LegCo member to participate in debates; the courts should not, except where constitution expressly requires, review internal legislative procedures or entertain pre-enactment challenges that would undermine the legislature's ability to function; courts can decide the existence of legislative powers or privileges but not their exercise; the President acted within powers (Article 72 and Rule 92) and the appeal is dismissed; Israeli approach rejected.
1 Feb 2013

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Citation

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
Court

Court of Appeal
Case number

CACV123/2012

Parliamentary privilege bars judicial review of the President's decision to end the Legislative Council debate because the Basic Law does not clearly displace that privilege; article 73(1) does not create an individual constitutional right to filibuster or to judicial enforcement of internal procedure; the President acted within powers under article 72 and his ruling did not amount to making a new rule under article 75(2); accordingly the appeal is dismissed and costs awarded against the applicant.
25 May 2012

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Citation

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
Court

Court of First Instance
Case number

HCAL64/2012

Leave to apply for judicial review was refused because Rule 92, read with Article 72, validly permits the President to curtail debate to preserve orderly conduct of LegCo business; the Basic Law does not confer a constitutional right to filibuster by individual legislators; parliamentary privilege and separation of powers require restraint and pre-enactment intervention was not justified absent immediate and irreversible prejudice.

Hong Kong Case Law

WONG YUK MAN v. NG LEUNG SING AND ANOTHER

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION