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Proposal 70
Provisions should be adopted to facilitate participation in judicial review proceedings by
persons interested therein other than the applicant and respondent.
Interim Report paras 679-680, 684, 692.2
A person wishing to apply for leave to move for judicial review must have "a
sufficient interest in the matter to which the application relates".
However, other
persons may be affected by such proceedings and might wish to be heard in support of
or in opposition to judicial review of the decision or conduct in question.
Presently in Hong Kong, the leave application is made ex parte
and usually decided
without an oral hearing.
If the applicant secures leave to appeal, he must issue a
notice of motion or originating summons
seeking the relevant judicial review relief
and must serve all persons "directly affected."
The rules also empower the court to
allow persons desiring to be heard "in opposition" and considered "proper persons to
be heard", to be heard at the substantive hearing even though they have not been
served with the proceedings.
Notes
HCO s 21K(3) and O 53 r 3(7).
O 53 r 3(3). There is a right of appeal (to be exercised within 10 days) against refusal of leave or
grant of leave subject to terms: O 53 r 3(4).
For a hearing in open court or in chambers, respectively.
O 53 rr 5(3) to 5(7). The motion (or originating summons) and supporting evidence must be served
on such persons at least 10 days before the application is due to be heard. The applicant must then
file an affidavit informing the court of the persons served, allowing the court to direct other affected
persons to be served, if necessary.
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