C. Interim relief

C. Interim relief

An applicant may, pending a decision of the application for leave or substantive hearing, apply for interim relief, for example a stay of the decision under challenge, or an injunction.

The Court will not usually grant interim relief pending a decision of the application for leave unless it is very urgent or where there may be irreparable damage.

The overriding consideration is balance of convenience.  However, it is important to note that an applicant is expected to provide strong prima facie evidence to support its application, and the Court will also consider the public interest.  See the discussion in 梁頌恆 v 立法會主席; 郭卓堅 v 香港特首林鄭月娥 [2018] 5 HKC 138, Kwok Wing Hang & Ors v Chief Executive in Council & Ors [2019] 5 HKLRD 173。