Administrative Law — Court of First Instance grants leave to apply for judicial review against Hong Kong Examinations and Assessment Authority
On 7 November 2024, after hearing submissions at an urgent leave hearing, the Honourable Mr Justice Coleman granted leave in HCAL 2029/2024 ([2024] HKCFI 3201) to 深圳蔚來教育有限公司, trading as SZICC (深圳國際課程中心) (“the Applicant”) to apply for judicial review of a decision of the Hong Kong Examinations and Assessment Authority (“HKEAA”) made on 28 October 2024 refusing the “Application for Special Entry to the 2025 Hong Kong Diploma of Secondary Education Examination as a Private Candidate” made by the Applicant on behalf of its students (“the Decision”). The Applicant was represented by Hectar Pun, SC leading Anson Wong Yu Yat and Xizhen Wang.
The Applicant has been providing various education programmes to students in Shenzhen, China, including a curriculum for Hong Kong Diploma of Secondary Education Examination (“HKDSE”). While HKEAA allowed the Applicant’s students special entry to the 2024 HKDSE as private candidates, HKEAA refused a similar application by the Applicant on behalf of its students for special entry to the 2025 HKDSE.
On 6 November 2024, the Applicant filed a Notice of Application for Leave to Apply for Judicial Review (“Form 86”) to challenge the Decision, raising two grounds of review, namely: (1) the Decision is illegal, in that HKEAA has misapplied and/or misinterpreted the relevant Examination Regulations in arriving at the Decision; (2) further or alternatively, the Decision is irrational, in that HKEAA failed to treat like cases alike.
Since the earliest examination in the 2025 HKDSE will take place in early March 2025, the Applicant requested for an urgent leave hearing and, if leave is granted, an expedited hearing of the substantive application. On the day when the Form 86 was filed (i.e. 6 November 2024), the Court directed that a leave hearing be fixed at 4:00 pm on 7 November 2024.
At the leave hearing, the Court granted leave to apply for judicial review on both grounds. Given the time sensitivity of the matter, the Court further directed the date of the substantive hearing to be fixed in early December 2024 (in consultation but not necessarily in accordance with Counsel’s diary).
Hectar Pun, SC
“Hectar always delivers high-quality advice in a short amount of time. He conducts clear and concise advocacy, thinks quickly on his feet, and can always answer questions from the bench impressively.”
Legal 500 Asia-Pacific 2024, Administrative and Public Law — Leading Silks
Hectar was called to the Bar in 1995 and appointed Senior Counsel in 2015.
Hectar’s practice spans many areas including constitutional and administrative law, human rights law, immigration law, criminal law, land law, company law and commercial law. He appears regularly on behalf of applicants in major judicial review proceedings.
Hectar has acted for the Catholic Diocese of Hong Kong, legislative councillors, district councillors, demonstrators, police officers, prisoners, refugees and asylum seekers, tenants of public housing estates, homosexuals, transsexuals, the disabled and the underprivileged, etc.
Visit Hectar’s profile for more details.
Anson Wong Yu Yat
“Anson is very comprehensive and creative in his research and very meticulous in his written work. His strength lies in his refusal to give up and his insistence in trying to find solutions around problems or obstacles to his client’s case.”
Legal 500 Asia-Pacific 2024, Commercial Disputes & Administrative and Public Law — Leading Juniors
Anson has appeared in more than 150 court judgments (including 17 cases in the Court of Final Appeal with 11 substantive appeals) over the mere span of 8 years of full practice, reflecting the exceptional wealth of experience and exposure in civil litigation for his seniority.
Anson is experienced in handling complex questions of law, including those of great general or public importance which reached the Court of Final Appeal. For example, he has recently appeared in (among others) three civil appeals before the Court of Final Appeal dealing with important questions concerning insolvency matters, land law and equity, service out of jurisdiction and statutory interpretation.
Visit Anson’s profile for more details.
This article was first published on 8 November 2024.
Disclaimer: This article does not constitute legal advice and seeks to set out the general principles of the law. Detailed advice should therefore be sought from a legal professional relating to the individual merits and facts of a particular case. The photographs which appear in this article are included for decorative purposes only and should not be taken as a depiction of any matter to which the case is related. The views and opinions expressed in this article/material are solely those of the members authoring it and do not necessarily reflect the official policy or position of Denis Chang’s Chambers, or of any other member or members of Denis Chang’s Chambers.