plaintiff:
  - 郭卓堅 (Kwok Cheuk Kin)
  - 葉慶祥 (Yip Hing Cheung)

defendant:
  - 香港行政長官林鄭月娥女士 (The Chief Executive of Hong Kong, Mrs. Carrie Lam Cheng Yuet-ngor)

case_reason: |
  The Applicants sought judicial review challenging the Chief Executive's decision not to establish a Commission of Inquiry to investigate whether the Police had abused their powers and the reasons for the continuous protests in Hong Kong arising from the proposed amendments to the Fugitive Offenders Ordinance.

judgment_summary: |
  The Court dismissed the application for leave to apply for judicial review. The Court held that: (1) under Section 2(1) of the Commission of Inquiry Ordinance, Cap 86, the power to appoint a Commission is vested in the Chief Executive in Council, and the court has no power to compel such appointment; (2) the Chief Executive in Council is not under a legal duty to appoint a Commission, and no legitimate expectation arose as there was no relevant representation by the decision-maker; (3) the relief sought was plainly inappropriate as the Applicants failed to identify the precise incidents or scope of inquiry; (4) whether to establish a Commission is a political decision, not a legal issue for the court to resolve. The application was deemed an abuse of the court's process.

jurisdiction_code: HKCFI

jurisdiction_name: High Court of the Hong Kong Special Administrative Region, Court of First Instance

case_location: High Court, Hong Kong

case_object: |
  Application for leave to apply for judicial review; Commission of Inquiry under Cap 86

judgment_result:
  - charge: Failure to establish a Commission of Inquiry amounts to improper conduct and is contrary to legitimate expectation
    result: Not established - Application dismissed

involved_entities:
  - entity_name: 郭卓堅 (Kwok Cheuk Kin)
    reason: 1st Applicant seeking judicial review
  - entity_name: 葉慶祥 (Yip Hing Cheung)
    reason: 2nd Applicant seeking judicial review
  - entity_name: 香港行政長官林鄭月娥女士 (Chief Executive Mrs. Carrie Lam Cheng Yuet-ngor)
    reason: Putative Respondent whose decision not to establish a Commission was challenged
  - entity_name: Hong Kong Police
    reason: Subject of the proposed inquiry regarding alleged abuse of powers
  - entity_name: Chief Executive in Council
    reason: The body with statutory power to appoint a Commission under Cap 86
  - entity_name: Hon Chow J (Judge Anderson Chow)
    reason: Judge of the Court of First Instance who decided the case
