Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Scope of select committee
  • 14 Jul 2009

    RE CHENG KAR-SHUN AND ANOTHER

    Citation
    RE CHENG KAR-SHUN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAL79/2009

    The court applied the reasonable arguability test and found the applicants established reasonably arguable grounds in relation to (1) the scope of the power to summons under Basic Law Article 73(10) as exercised by a Select Committee and (2) the allegation that the Select Committee expanded beyond its empowering resolution (ultra vires), thereby granting leave for items 1–3; the court refused leave on privacy, legal professional privilege and related grounds (items 4–6) as not reasonably arguable; consequential items and directions for a substantive hearing were ordered.