ELIJAH SAATORI v. MADAM CARLYE CHU (JUSTICE OF APPEAL), COURT OF APPEAL AND ANOTHER [Decision on Leave Application]
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HCAL752/2017
[2018] HKCFI 1328
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 752 of 2017
BETWEEN
| Elijah Saatori | Applicant | |
| and | ||
| Madam Carlye Chu (Justice of Appeal), Court of Appeal | 1st Putative Respondent | |
| Mr Jeremy Poon (Justice of Appeal), Court of Appeal | 2nd Putative Respondent |
Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)
Following:
consideration of the documents only; or consideration of the documents and oral submissions by the Applicant appearing in person in open court;
Order by the Honourable Mr Justice Au:-
Leave to apply for Judicial Review refused.
Observations for the Applicant:
1. As a matter of law, judicial review is never available against judicial decisions of the High Court (which includes the Court of First Instance and the Court of Appeal). See: Hong Kong White Book 2018, paragraph 53/14/24.
3. In the premises, the applicant cannot as a matter of law seek to challenge the decision of the Court of Appeal (comprising Chu and Poon JJA) dated 13 September 2017 by way of judicial review. Leave to apply for judicial review must therefore be refused.
Dated the 11th day of June 2018.
| (Sunny Ng) for Registrar, High Court |
Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence
Notesfor the Applicant: If leave has been granted, the Applicant or his solicitors must: | ||||
a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted(Order 53, rule 4A); b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)). | Sent/Handed to the Applicant/the Applicant’s solicitors on 11/06/2018 Elijah Saatori | Sent/Handed to the Putative Respondent/ the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 11/06/2018 Madam Carlye Chu (Justice of Appeal), Court of Appeal 1st Putative Respondent Mr Jeremy Poon (Justice of Appeal), Court of Appeal 2nd Putative Respondent |
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