Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interim relief/stay

  • 11 Nov 1999

    HAPPY PACIFIC LTD. AND ANOTHER v. COMMISSIONER OF POLICE

    Citation
    HAPPY PACIFIC LTD. AND ANOTHER v. COMMISSIONER OF POLICE
    Court
    Court of First Instance
    Case number
    HCAL115/1999

    Leave to apply for judicial review was set aside because applicants failed to utilize the statutory appeal to the Administrative Appeals Board and no special or exceptional circumstances justified bypassing that comprehensive remedy; the 1st applicant (corporate operator) could not use judicial review to circumvent the statutory scheme applicable to natural-person licensees; no interim relief was warranted; application to amend to add damages was dismissed.

  • 1 Apr 1999

    WONG FONG TENG AND OTHERS v. THE DIRECTOR OF IMMIGRATION

    Citation
    WONG FONG TENG AND OTHERS v. THE DIRECTOR OF IMMIGRATION
    Court
    Court of First Instance
    Case number
    HCAL37/1999

    Leave to apply for judicial review of the substantive removal orders was adjourned sine die pending the Court of Appeal's determination of the Lau Kong Yung appeal; applicants were granted leave to amend to challenge the Director's decisions to put removal orders into effect (repatriate) and leave to apply for judicial review of the detention decisions (paras.1–3) on the basis that differential treatment with the test cases is arguable unreasonableness; the court stayed enforcement of removal orders (Director ordered not to repatriate) until the appeal is heard and directed the release of the…