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郭卓堅 v 立法會主席梁君彥及另一人

Judgment Cited in 1 Precedent Map Related
Vincent
Judgment Date08 May 2018
Neutral Citation[2018] HKCFI 983
Year2018
Judgement NumberHCAL751/2018
Subject MatterConstitutional and Administrative Law Proceedings
CourtCourt of First Instance (Hong Kong)
HCAL751/2018 郭卓堅 v. 立法會主席梁君彥及另一人

HCAL 751/2018

[2018] HKCFI 983

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 751 OF 2018

________________________

BETWEEN
郭卓堅 Applicant
and
立法會主席梁君彥 1st Putative Respondent
保安局禁毒專員余呂杏茜 2nd Putative Respondent

________________________

Before: Hon Chow J in Chambers
Date of Decision: 8 May 2018

________________________

DECISION

________________________

1. In this application for leave to apply for judicial review, the Applicant seeks the following relief:-

(1) a declaration that it is unconstitutional for any Government officers, other than those designated officials who attend the Legislative Council “to sit in on the meetings of the Legislative Council and to speak on behalf of the government” pursuant to Article 62(6) of the Basic Law, to carry out activities freely within the Legislative Council while it is session; and

(2) an injunction to restrain Government officers from going to the Legislative Council to monitor the “activities” of members of the Legislative Council, contrary to Section 19 of the Legislative Council (Powers and Privileges) Ordinance, Cap 382 (“the Ordinance”).

2. In relation to the first matter, there is, in my view, no reasonable legal basis to support the contention that it is unconstitutional for Government officers, other than those who attend the Legislative Council pursuant to Article 62(6) of the Basic Law, to enter, or move or act freely within, the Legislative Council.

3. Section 8 of the Ordinance provides as follows:-

“(2) The right of persons other than members or officers of the Council to enter or remain within the precincts of the Chamber shall be subject to the Rules of Procedure or any resolution of the Council limiting or prohibiting the enjoyment of such right.

(3) The President may from time to time, for the purpose of maintaining the security of the precincts of the Chamber, ensuring the proper behaviour and decorum of persons therein and for other administrative purposes, issue such administrative instructions as he may deem necessary or expedient for regulating the admittance of persons (other than members or officers of the Council) to, and the conduct of such persons within, the Chamber and the precincts of the Chamber.

(4) Copies of administrative instructions issued by the President under subsection (3) shall be duly authenticated by the Clerk and exhibited in a conspicuous position in the precincts of the Chamber; and such copies when so authenticated and...

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1 cases
  • 郭卓堅 v 立法會主席梁君彥And Another
    • Hong Kong
    • Court of Appeal (Hong Kong)
    • 10 October 2018
    ...to any specific decisions of the putative respondents. The relief he sought was set out by the judge at paragraph 1 of his Decision at [2018] HKCFI 983: “ a) a declaration that it is unconstitutional for any Government officers, other than those designated officials who attend the Legislati......

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