Hong Kong Case Law: Decisions & Judgments

Topic

Pre-enactment challenge

Legal area

Court

27 Sept 2017

TSANG KIN-SHING v. THE SECRETARY FOR TRANSPORT AND HOUSING AND OTHERS

Citation

TSANG KIN-SHING v. THE SECRETARY FOR TRANSPORT AND HOUSING AND OTHERS
Court

Court of First Instance
Case number

HCAL458/2017

The court refused leave because the CEIC Decision was an intermediate, non-decisive step in a multi-stage Three-step Process whose substantive legal and factual consequences depend on future agreements, an NPCSC decision and domestic legislation; the challenge is therefore premature and there are no exceptional circumstances warranting early judicial intervention.
27 Sept 2017

張德榮 v. 林鄭月娥行會主席 AND OTHERS

Citation

張德榮 v. 林鄭月娥行會主席 AND OTHERS
Court

Court of First Instance
Case number

HCAL460/2017

Leave to apply for judicial review was refused because the CEIC Decision is an intermediate, preparatory decision within a Three-step Process and not of a decisive nature affecting the applicants' rights; the relevant legal and factual events (Co-operation Arrangement, NPCSC decision, local legislation) have not occurred and are material to any constitutional assessment; no exceptional circumstances justified early intervention.
27 Sept 2017

郭卓堅 v. 林鄭月娥特首連同行政會議成員

Citation

郭卓堅 v. 林鄭月娥特首連同行政會議成員
Court

Court of First Instance
Case number

HCAL453/2017

Leave to apply for judicial review was refused because the CEIC decision was an intermediate, non-decisive step subject to a Three-step Process; the material legal and factual events (final Co-operation Arrangement, NPCSC decision and local legislation) had not occurred and the challenge was therefore premature absent exceptional circumstances; costs orders were made against the applicants.
29 Sept 2014

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER

Citation

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER
Court

Court of Final Appeal
Case number

FACV1/2014

Article 73(1) does not confer an individual right on a LegCo member to participate in debates; the courts should not, except where constitution expressly requires, review internal legislative procedures or entertain pre-enactment challenges that would undermine the legislature's ability to function; courts can decide the existence of legislative powers or privileges but not their exercise; the President acted within powers (Article 72 and Rule 92) and the appeal is dismissed; Israeli approach rejected.

Hong Kong Case Law

TSANG KIN-SHING v. THE SECRETARY FOR TRANSPORT AND HOUSING AND OTHERS

張德榮 v. 林鄭月娥行會主席 AND OTHERS

郭卓堅 v. 林鄭月娥特首連同行政會議成員

LEUNG KWOK HUNG v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER