• Fri
  • Nov 21, 2014
  • Updated: 4:49am

Judicial review of restrictions no closer

PUBLISHED : Sunday, 12 October, 2008, 12:00am
UPDATED : Sunday, 12 October, 2008, 12:00am
 

While Mr Justice Michael Hartmann more than a year ago granted leave for a judicial review of government restrictions on minibuses to proceed, it is still a long way from being heard in the Court of First Instance.

Holding up the proceedings is the difficulty finding a counter-party to the review. Lawyers for the plaintiff, Glory Success Transportation, had initially named the Secretary for Justice, who normally represents the government, but soon realised this was inappropriate.

They next served papers on the secretary general of the Legislative Council, who refused to accept them because he does not represent the council.

The problem, apparently, is that the council is an unincorporated body that only really exists when it is in session. And Madam Justice Carlye Chu Fun-ling in the Court of First Instance found in July that Legco was 'not a proper respondent'.

Barristers Gerard McCoy and Hylas Chung, for Glory Success, are now seeking a hearing in the Court of Appeal to obtain guidance on how to proceed.

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