Administrative Law Cases Table (行政法).docxVIP

Wk3: Leave and StandingOrder 53, Rule 3(1), Rules of the High CourtNo application for JR unless leave is obtained.DelayOrder 53, Rule 4(1)Delay – application for JR made promptly within 3 monthsRe Lee Yee Shing Jacky [2009] HKEC 605Application made 2.5 years late – significance of a constitutional challengeReasons for extending beyond 3 months:Importance of the point raised – fundamental rightDid notdelayin pursuing statutory appeal procedureRespondent did not point out substantial hardship or prejudice to public admin if challenge was permitted Lai Sam Hing v Commissioner of Police [2009] HKEC 99Department took 4 months to process the application – beyond the control of applicant Also no prejudice caused to good administrationApplicant very upset?Martin Tao Ming Lee v Secretary for the Civil Service [2011] HKEC 1078Ignorance of the law is no excuse – applicant simply do not understand the proceduresStandingOrder 53, Rule 7No grant leave unless considers the applicant has a sufficient interestR. v Inland Revenue Commissioners… National Federation… [1982] AC 617 (IRC)Contextual approach – NF has no sufficient standing to declare IRC unlawful – appeal yesRemove ‘outdated technical rules of locus standi’ – look at context and legal frameworkUnified test of standing – merger of standing and merits (need to show to establish stand)Re Tran QuocCuong v Khuc The Loc [1991] 2 HKLR 312Vietnamese asylum seekers transferredbetween detention centres – challenge security who designated a prison as a detention centre for non-prisoners Court: no locus standi as non-justiciabilityAnderson Asphalt v Town Planning Board [2007] 3 HKLRD 18Standing considered in the leave stage and substantive hearingMaster Zhang Chaojie v Director of Immigration [2000] HKEC 194Standing unsuccessfully demonstrated her young son who can’t immigrate to HK with the mother (court decided the mother not affected as she is already granted immigration)Ng King Luen v Rita Fan [1997] HKLRD 757Seeking to utilize