Political Development in Hong Kong: State, Political Society, and Civil Society

Appendix 2. Major Judicial Review Cases, 2002–05

246 Political Development in Hong Kong A P P E N D I X 2 Major Judicial Review Cases, 2002–05 Filed date Event Result 05/10/02 Housing tenant Ho Choi-wan 22/11/04 The court gave the questioned the Housing Housing Authority the right to Authority increasing rent increase rent and free it from without regard to the rent any obligation to cut rent. Ms review policy. Ho appealed to CFA. 18/10/02 Civil servants challenge the 13/07/05 CFA ruled that the legality of laws that cut civil government action was legal. service wages in 2002, 04 and 05. 04/01/03 Society for Protection of 09/01/04 CFA ruled the the Harbour alleged the reclamation project could not reclamation of Wan Chai was be justified unless it served the illegal overriding public need. 02/04/03 Five foreign domestic maids 04/01/05 The Court ruled alleged the cutting of the against the maids. minimum wage was unlawful as they were discriminatory. 17/06/04 William Leung challenged the 24/08/05 High Court judge laws that ruled sexual acts found the law discriminated between two men under 21 as against homosexual men. a criminal offense. 04/10/04 Leung Kwok-hung asked to 06/10/04 High Court rejected add his own words to the oath his plea. when he sworn in as a legislator. Appendix 2 (to be continued) Appendix 2 — Major Judicial Review Cases, 2002–05 247 08/12/04 Public housing tenants 20/07/05 CFA confirmed the challenged that it was unlawful legality of the Link Reit. for the Housing Authority to sell public housing property in the Link Reit. 06/04/05 Legislator Albert Chan filed 10/05/05 Chan withdrew the a judicial review against the case because of the NPCSC government’s rule that the interpretation of the Basic Law. next CE has a term of two years instead of five. 23/06/05 A school sought a judicial 02/09/05 The court ruled in review of the government’s favor of the government. decision of not allowing the school to open a Primary 1 classes in 2005–06. 21/07/05 Two taxi drivers challenged 24/08/05 The judge dismissed the toll rises on the Eastern the application. Harbour Tunnel. 28/07/05 Flight attendants challenged 25/08/05 The High Court the Civil Aviation Department ruled against the flight for allowing Cathay Pacific to attendants. cut the minimum rest periods. 16/08/05 Legislator Leung Kwok Hung Arranged for hearing at the challenged the executive order time of writing. issued by the CE. Appendix 2 (continued) ...