Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdiction of administrative tribunals

  • 18 Nov 2010

    RE NG KIN WO JOHNNY

    Citation
    RE NG KIN WO JOHNNY
    Court
    Court of First Instance
    Case number
    HCAL115/2010

    Leave to apply for judicial review was refused in both HCAL 114/2010 and HCAL 115/2010 because the applicant was out of time to challenge the original Director decision, had an adequate alternative remedy which was pursued before MSAB and failed, the MSAB had fully considered the substantive arguments (removing scope for a rehearing via judicial review), the new factual grounds were not previously raised and there was no arguable illegality, irrationality or unfairness warranting leave; the LAB jurisdiction point was academic given the tenancy termination and MSAB decision.

    • Judicial review
    • Leave to apply for judicial review
    • Jurisdiction of administrative tribunals
    • Alternative remedies and appeal routes
    • Timeliness/limitation
    • Wednesbury unreasonableness

  • 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.

    • Judicial review
    • Leave application
    • Jurisdiction of administrative tribunals
    • Statutory appeal routes
    • Tenancy termination
    • Wednesbury unreasonableness