The High Court on Monday will hear the first application by a non-public authority to assist the court in a case involving the public interest, raising the possibility of further development of public-interest litigation in Hong Kong.
The University of Hong Kong's Centre for Comparative and Public Law has applied to become an amicus curiae - or a 'friend of the court' - to assist in a judicial review appeal that challenges the government's failure to implement a system determining refugee status for asylum seekers.
The role of an amicus - who enters the litigation as a neutral party despite having no direct interest in the result - has been recognised by Hong Kong courts as being 'to help the court by expounding the law impartially, or if one of the parties were unrepresented, by advancing the legal arguments on his behalf'.
Centre director Simon Young said the purpose of its application was primarily to provide 'an independent and learned voice which helps the court with its research'.
But he said the case might also spark interest among public-interest groups and the legal community to generate a broader culture of public-interest litigation.
'The next step might see public-interest groups also wanting to get involved in cases,' he said, suggesting the Hong Kong Journalists Association might want to join cases involving freedom of expression.
Public-interest litigation in Hong Kong is still considered to be underdeveloped, and limited to judicial reviews sparked by individual applicants. Public-interest issues can also sometimes arise out of a defence to criminal prosecution.