E. Respondent and the duty of candour
Under Order 53 section 6(4) of the Rules of the High Court (Cap. 4A), any respondent who intends to use an affidavit at the hearing shall file it in the Registry as soon as practicable and in any event, unless the Court otherwise directs, within 56 days after service upon him of the Form 86A and other relevant documents.
Further, a respondent has to discharge his duty of candour to both the court and the applicant in the proceedings once leave to apply for judicial review has been granted. Thus, it should make full and frank disclosure of all relevant facts and documents which may relate to the actual reasons for the decision being impugned, or to any other aspects which are relevant to the judicial review proceeding: See Chu Woan-Chyi & Ors v Director of Immigration & Anor [2009] 6 HKC 77.
Print
Email