1 Jun 1968
REDIFFUSION (HONG KONG) LTD v. SIR DAVID C.C. TRENCH K.C.M.G., M.C. M.D.I. GASS, C.M.G., J.P. D.T.E. ROBERTS, O.B.E., Q.C., J.P. FOR AND ON BEHALF OF THEMSELVES AND ALL OTHER MEMBERS OF THE LEGISLATIVE COUNCIL OF HONG KONG AND ANOTHER
- Citation
- REDIFFUSION (HONG KONG) LTD v. SIR DAVID C.C. TRENCH K.C.M.G., M.C. M.D.I. GASS, C.M.G., J.P. D.T.E. ROBERTS, O.B.E., Q.C., J.P. FOR AND ON BEHALF OF THEMSELVES AND ALL OTHER MEMBERS OF THE LEGISLATIVE COUNCIL OF HONG KONG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA507/1968
The court held that it has jurisdiction to entertain a claim for declaratory relief and injunctions challenging proposed legislation of a non-sovereign legislature; refusal to set aside the writ was justified because the question of hypothetical future rights is a matter for judicial discretion rather than a jurisdictional bar and the court will decide whether to exercise that discretion on the merits rather than strike out the proceedings at summons stage.