Hong Kong Case Law: Decisions & Judgments

Topic

Oath of office

Legal area

Court

13 Jun 2019

CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. CLERK TO THE LEGISLATIVE COUNCIL

Citation

[2019] HKCA 645
Court

Court of Appeal
Case number

CACV201/2017

The court refused leave because questions 1–6 are settled by binding authorities and plainly unarguable, questions 7–8 are academic and would not affect the outcome, the applicant's contention about expert evidence had already been rejected by this Court and the CFA Appeal Committee, and the second application constituted an abuse of process; accordingly both notices of motion for leave to appeal were dismissed with costs.
29 Jan 2018

張德榮 v. 林鄭月娥 [Decision on Leave Application]

Citation

[2018] HKCFI 189
Court

Court of First Instance
Case number

HCAL580/2017

The oath taken by the Chief Executive in the form prescribed by Schedule 2 to the Oaths and Declarations Ordinance satisfied the statutory requirements under Article 104 and Section 16A; there is no legal duty to use the Part II wording, and therefore the applicant's challenge was not reasonably arguable and leave was dismissed.
25 Jan 2018

郭卓堅 v. 梁君彥 (立法會主席)及另一人 [Decision on Leave Application]

Citation

[2018] HKCFI 156
Court

Court of First Instance
Case number

HCAL511/2017

Leave to apply for judicial review was dismissed because the application was not reasonably arguable: there was no pleaded or proper ground that remaining Legislative Council members (other than six previously declared invalid) failed to take the Oath, no basis to require re‑taking of the Oath, and no proper relief available against the President or Secretary General; accordingly extension of time was refused.
10 May 2017

KWOK CHEUK KIN v. LEUNG CHUN YING

Citation

KWOK CHEUK KIN v. LEUNG CHUN YING
Court

Court of First Instance
Case number

HCAL201/2016

Extension of time was refused and leave denied because the applicant exhibited an excessive and unexplained delay of about four years and four months for a matter that arose on assumption of office in 2012, the asserted new grounds arising from the NPCSC Interpretation did not justify the delay, the proposed challenge lacked reasonable arguability on the merits (the omission was inadvertent and de minimis and remediable by re-taking), and allowing the out-of-time challenge would cause prejudice to good administration.

Hong Kong Case Law

CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. CLERK TO THE LEGISLATIVE COUNCIL

張德榮 v. 林鄭月娥 [Decision on Leave Application]

郭卓堅 v. 梁君彥 (立法會主席)及另一人 [Decision on Leave Application]

KWOK CHEUK KIN v. LEUNG CHUN YING