25 Aug 2015
LEUNG FUK WAH OIL v. SECRETARY FOR JUSTICE (for and on behalf of the Commissioner of Police)
- Citation
- LEUNG FUK WAH OIL v. SECRETARY FOR JUSTICE (for and on behalf of the Commissioner of Police)
- Court
- Court of Final Appeal
- Case number
- FAMV58/2014
The Court dismissed the applications for leave to appeal, upholding the Court of Appeal's conclusion that the Applicants' private law claims were an abuse of process under the Henderson v Henderson principle because the constitutional issue central to their claims could and should have been raised in earlier judicial review proceedings; a subsequent change in the law (Lam Siu Po) is a relevant factor but does not automatically displace finality and public interest considerations in the merits-based balancing exercise.