Written by: Zhu Dixin
2020-08-12 10:53Last update date: 2020-08-12 10:53
"Cheung Chau Review King" Kwok Cheuk Kin applied for a judicial review earlier, requesting the court to order the Chief Executive Carrie Lam to exempt some people from quarantine, including seafarers, from quarantine. This was a misconduct by a public official. The judge of the High Court today (12th) issued a judgment stating that it is a non-legal matter to decide which type of entry should be quarantined. The court has no power to make this decision. At the same time, there was no evidence in the case to show that Carrie Lam's decision was illegal or completely unreasonable, and the judge refused to accept the case.
The scope of review does not include government performance
The applicant Guo Zhuojian pointed out in the application earlier that the respondent, Carrie Lam, ignored the opinions of the epidemic prevention experts and exempted some visitors from the quarantine arrangement as a layperson, so that the third wave of the epidemic spread.
However, the judge said in his sentence today that the scope of judicial review does not include the supervision of the administrative performance of government departments or officials, or whether administrative errors have been made, nor the determination of whether officials have committed the crime of misconduct by public officials.
Those who should be quarantined are not legal issues
The ruling also stated that it is not a legal issue to determine which type of entry should be quarantined. When administrative agencies make relevant decisions, they are not considered purely from the perspective of public health. The considerations also include economic, social and other factors. The court has no power and is not an appropriate agency to make this decision.
There is no evidence that Lam Cheng has exceeded his authority or is totally unreasonable
In addition, there is no evidence that the decision made by Carrie Lam was illegal, ultra vires or totally unreasonable, and there is no evidence that she did not comply with proper legal procedures in the process of making the decision.
The judge claimed that Guo's application for judicial review was not a reasonable argument, and therefore rejected his application for judicial review permission.
Case number: HCAL 1596/2020
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