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Yvonne Leung at the High Court yesterday. Photo: David Wong

Hong Kong court told reform challenge has no merit

Thomas Chan

An application for a judicial review of the second round of public consultation on political reform has no merit as a Hong Kong court has no jurisdiction to challenge the validity of a decision by the Standing Committee of the National People's Congress, government lawyers argued yesterday.

Barrister Benjamin Yu SC cited jurisdiction in rebutting the claim by Yvonne Leung Lai-kwok, former president of the University of Hong Kong student union, that the local government was "misdirected" in relying heavily on the Standing Committee decision.

Leung, represented by Anson Wong SC, is asking High Court judge Mr Thomas Au Hing-cheung for permission to hear her judicial review. She wants the court to quash the government's consultation decision made on January 7, and to order a re-start of the consultation.

Yu said Leung's judicial review had no prospect of success without challenging the Standing Committee decision on August 31 last year in relation to the selection of the city's chief executive. The consultation Leung is challenging is based on that decision.

He added that the government proceeded on the basis that "this is what [Standing Committee] decided and what we have to follow".

Wong said the consultation process had misguided the public to believe the August 31decision was legally binding.

The Standing Committee "is an organ outside this jurisdiction," Wong said. "The court can decide whether [its decision] has a legal effect in our jurisdiction."

He emphasised that the court was dealing with a legal question, not a political issue.

Rebutting Yu's argument that the judicial review request was premature, Wong said: "If we are not allowed to do it now, it would be too late. Immediate and irreversible harm would be done."

The court heard the result of the consultation would be tabled to the Legislative Council. If endorsed, it will be sent to the chief executive and the central government for approval, then it will become part of the Basic Law.

Wong said if leave for a judicial review was granted, he would apply for an interlocutory injunction to stop the government from proceeding further.

Au reserved his decision.

Outside court, Leung said her application for legal aid was rejected as the Legal Aid Department said her challenge had no merit.

This article appeared in the South China Morning Post print edition as: Reform challenge has no merit, court told
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