A district councillor and a taxi driver are to seek a court order this week to force the government to take action to reverse the Eastern Harbour Tunnel toll rise. Announcing their application for a judicial review yesterday, Wong Tai Sin District Councillor Andrew To Kwan-hang and taxi driver Chan Yu-nam said they would apply for an order 'to compel the government to take reasonable steps to vary the toll'. Mr Chan hoped the application would help ease taxi drivers' immediate financial burden and has applied for legal aid to fund his case. 'The economy is not really doing well. I'm trying to use a legal means to reduce the toll, in a hope that business will be better for taxi drivers,' Mr Chan said. Mr To explained that the legal challenge was based on the assumption that the method used in the arbitration case between the tunnel operator and the government, to calculate the operator's profits, was erroneous. The government lost its argument in the arbitration. In support of the pair, two finance experts - Francis Lui Ting-ming of the University of Science and Technology and Lam Pun-lee of Polytechnic University - have agreed to serve as witnesses if the High Court accepts the case. Based on a preliminary legal opinion they have received, Mr To and Mr Chan believe the government must renegotiate with the operator or seek a new arbitration if the calculation methods prove to be erroneous. The two are waiting for a second legal opinion. They hope to apply for an injunction to freeze the toll rise at the same time as their judicial review application later this week. Secretary for Environment, Transport and Works Sarah Liao Sau-tung reiterated last week that the government had ruled out appealing over the arbitration ruling, saying no legal mistakes had been made during the proceedings. Independent legislator Albert Chan Wai-yip, who is assisting the pair, admitted a judicial review over the toll would be complicated. 'It would be extremely difficult because there is no precedent that we can find in Hong Kong - a judicial review on arbitration is very rare. 'Most people think the toll increase and the profits the tunnel operator generated are unreasonable. If there is paramount public interest at stake, I hope the court will take that into consideration and accept the application. 'We don't agree with the government. Maybe their legal experts did not find what our experts have found in the calculation.' Mr To said the application was in the public interest and necessary for the city's long-term development. The pair said they would not withdraw their challenge even if the tunnel operator offered discounts to professional drivers. 'The toll rise not only affects professional drivers, but also ordinary citizens. We need to protect their interests,' Mr To said.