Kwok Cheuk-kin (Chinese: 郭卓堅, born 29 April 1940) is a Hong Kong retired civil servant and judicial activist who earned the nickname of "King of Judicial Reviews" for having filed dozens of judicial reviews against the government in 17 years.
Kwok Cheuk-kin | |
|---|---|
郭卓堅 | |
.jpg) Kwok in 2019 outside court | |
| Born | 29 April 1940 |
| Nationality | Republic of China Britain Hong Kong[citation needed] |
| Other names | King of Judicial Reviews |
| Education | National Taiwan University (LLB) |
| Political party | Democratic Party |
| Website | Kwok Cheuk-kin on Facebook |
| Kwok Cheuk-kin | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Traditional Chinese | 郭卓堅 | ||||||||||
| Simplified Chinese | 郭卓坚 | ||||||||||
| |||||||||||
Early life
editKwok's father was an officer in the National Revolutionary Army of the Republic of China. Kwok stayed in Chungking during the Japanese occupation of Hong Kong, and returned after Japan surrendered in 1945.[1] After studying in Shau Kei Wan for primary school and at Catholic Ming Yuen Secondary School in Rennie's Mill, Kwok went to National Taiwan University and graduated with Bachelor of Laws. Kwok then worked in Hong Kong's judiciary.[2]
In 1989, Kwok travelled to Beijing to support the pro-democracy movement,[3] but was arrested in Beijing on 7 June after the bloody crackdown, later detained in Shanghai for a year. According to Kwok, he was given the British nationality following recommendation by the Hong Kong Government, which also advised him to leave Hong Kong. Kwok, however, said he hasn't thought of migration, instead moved to Bela Vista Villa of outlying island Cheung Chau for retirement in 1996.[4][5]
Judicial activism
editAiming to strive for justice and fight for Cheung Chau residents, Kwok applied his first judicial review (JR) in 2006 against the approval by Transport Department for fare hike of Cheung Chau ferry route.[6] He then applied JR over incineration plant project on Shek Kwu Chau, illegal hillside burial on Cheung Chau, and other Cheung Chau-related issues.[4] In 2015 Kwok succeeded in challenging Cheung Chau unlicensed funeral parlour.[7][8] Kwok then expanded the scope on JR to city-wide with government's legal aid services.
In 2017 Kwok said he believed Hong Kong no longer enjoyed rule of law and is planning to migrate to Britain.[9][10] The same year Kwok was barred from applying for legal aid over the next three years, after the authorities considered his conduct amounted to an abuse of the legal aid system.[11] However Kwok eventually stayed and continued his activism. In 2020, he was declared bankrupt after losing the JR related to Polytechnic University siege.[12][13] This, however, did not stop him from challenging government's decisions. In 2022, he achieved his second success after the High Court ruled the Hong Kong government does not have the power to void more than 20,000 COVID-19 vaccination exemption certificates issued by doctors allegedly handed them out without conducting proper medical consultation,[14] despite the verdict was effectively overturned by the government days later.[15]
Kwok, a formal member of Democratic Party, has been under attack from Beijing mouthpieces, accused by Ta Kung Pao of colluding with "anti-China" pro-democracy camp.[16] After sixteen years with over 60 filings of judicial review but winning less than 10 of those, Kwok revealed his intention to end his activism under fear of crackdown and arrest by authorities.[6]
Issues
editNotable city-wide issues Kwok has challenged in court included:
- 2012-16: "Leapfrog" mechanism for Legislative Council[17][18][19][20][21][22]
- 2013: Denial of HKTV's television license application[23][24]
- 2014: Political reform "inaccurate" consultation report[25][26][21]
- 2015-21: Ding rights[27][28][29][30][31]
- 2015: ViuTV's succession of ATV's broadcasting spectrum[32]
- 2015: Lead in Drinking Water Incidents[4][33][34]
- 2016: Dual nationality of President-elect Andrew Leung of Legislative Council[35]
- 2016, 18, 19: Disqualification of multiple pro-independence and localist candidates[36][37]
- 2016: Oath-taking controversies over unseating of pro-democracy MPs and "erroneous" oaths by pro-Beijing MPs and Chief Executive[35][38][39]
- 2017, 18: Prosecution in Donald Tsang's and Leung Chun-ying's graft probe[40]
- 2018-19: Co-location arrangement of Express Rail Link[41]
- 2019: Identification of police on duty during protests[42]
- 2020: "Interference" by Chinese Hong Kong Liaison Office in parliament affairs
- 2020: Promulgation of Hong Kong national security law
- 2021: Mandatory use of LeaveHomeSafe[43]
- 2022: Invalidation of COVID-19 vaccination exemption certificates[14]
- 2023: Suffrage under 2023 Hong Kong electoral changes
Electoral performance
edit| Party | Candidate | Votes | % | ±% | |
|---|---|---|---|---|---|
| Economic Synergy | Ken Kwong Koon-wan | 1,320 | 45.83 | +13.16 | |
| Independent | Rico Lo Wan-kai | 634 | 22.01 | ||
| Democratic | Kwok Cheuk-kin | 516 | 17.92 | +7.86 | |
| Independent | Anil Kwong Sai-loi | 376 | 13.06 | ||
| Independent | Stephen Sze Hou-ming | 34 | 1.18 | ||
| Majority | 686 | 39.49 | |||
| Turnout | 2,880 | 46.69 | |||
| Economic Synergy gain from Independent | Swing | ||||
| Party | Candidate | Votes | % | ±% | |
|---|---|---|---|---|---|
| Independent | Kwong Kwoi-wai | 1,327 | 54.05 | ||
| Independent | Kwong Koon-wan | 802 | 32.67 | ||
| Independent | Kwok Cheuk-kin | 247 | 10.06 | ||
| Independent | Stephen Sze Hou-ming | 64 | 2.61 | ||
| Civic | Leung Hon-wai | 15 | 0.61 | ||
| Majority | 525 | 21.38 | |||
| Independent hold | Swing | ||||
References
edit- ^ "一地兩檢若通過 「長洲覆核王」再入稟 移民前欲找接班人". 眾新聞. 2017-10-23. Archived from the original on 2017-10-23. Retrieved 2017-10-23.
- ^ "曾讀台大法律系 妻兒居英無聯絡". Ming Pao Canada. Retrieved 2023-02-17.
- ^ 李雨夢 (2016-11-19). "專訪郭卓堅：「司法覆核風潮」下的平民百姓". 明周. Archived from the original on 2017-10-15. Retrieved 2017-10-13.
- ^ a b c "長洲覆核王信有公義 十年來入稟廿次 挑戰鉛水事件 梁振英宣誓". HK01. 2016-11-13. Archived from the original on 2018-06-20. Retrieved 2021-06-17.
- ^ "度假屋主嘆輕生客難防". Oriental Daily News. 2017-06-09. Archived from the original on 2017-06-09. Retrieved 2017-06-09.
- ^ a b "2022人物｜覆核王郭卓堅免針紙案勝訴成代表作 擬退下火線：再打落去終有一日坐監" (in Chinese). Yahoo! News. Retrieved 2023-02-17.
- ^ "KWOK CHEUK KIN v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE [2014]; HCAL 27/2014". Hong Kong Judiciary. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ "KWOK CHEUK KIN v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE [2015]; CACV 71/2015". Hong Kong Judiciary. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ "專訪：望有後生仔接班 覆核王 郭卓堅 為公義做吓嘢". Stand News. Archived from the original on 2017-03-25.
- ^ 潘希橋 (2017-10-13). "「長洲覆核王」郭卓堅擬赴英頤養天年：香港已無法治，不值留戀". 香港01. Archived from the original on 2019-05-09. Retrieved 2017-10-13.
- ^ Ng, Ellie (2017-06-09). "Elderly man barred from applying for legal aid for 3 years, citing 'abuse' of system". Hong Kong Free Press. Retrieved 2023-02-17.
- ^ "郭卓堅就理大事件覆核敗訴 法官：未能提出合理爭議理據". Archived from the original on 2020-07-13. Retrieved 2021-06-17.
- ^ "郭卓堅拖欠政府訟費逾156萬 官頒令破產". Archived from the original on 2020-10-28. Retrieved 2021-06-17.
- ^ a b Ho, Kelly. "Hong Kong gov't has no power to invalidate Covid-19 jab exemptions issued by arrested doctors, court rules". Hong Kong Free Press. Retrieved 2023-02-17.
- ^ Chau, Candice (2022-10-25). "Hong Kong amends Covid-19 law to allow invalidation of jab exemptions, days after losing court case". Hong Kong Free Press. Retrieved 2023-02-17.
- ^ "「長洲覆核王」郭卓堅：香港法庭上的「長敗將軍」". BBC News (in Traditional Chinese). 2022-12-30. Retrieved 2023-02-17.
- ^ "KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS [2012]; HCAL 72/2012". Hong Kong Judiciary. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ "KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS [2014]; CACV 57/2014". Hong Kong Judiciary. Archived from the original on 2023-03-08. Retrieved 2023-03-05.
- ^ 法庭：替補機制覆核押後裁決. Oriental Daily. 2013-12-11. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ 替補機制申覆核爭辯 官民同稱有「合理目的」. 明報. 2013-12-11. Archived from the original on 2023-03-08. Retrieved 2023-03-08.
- ^ a b Jhaveri, S. (2018). "Reconstitutionalizing Politics in the Hong Kong Special Administrative Region of China". Asian Journal of Comparative Law. 13 (1): 27–57. doi:10.1017/asjcl.2017.21.
- ^ "KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS [2016]; FACV No. 12 of 2016". Hong Kong Judiciary. Archived from the original on 2023-03-08. Retrieved 2023-03-05.
- ^ "Viewers can contest HKTV refusal". South China Morning Post. 2014-06-20. Retrieved 2023-02-17.
- ^ "KWOK CHEUK KIN v. CHIEF EXECUTIVE IN COUNCIL [2013]; HCAL 169 of 2013 & HCAL 7 of 2014". Hong Kong Judiciary. Archived from the original on 2023-03-08. Retrieved 2023-03-05.
- ^ 申覆核諮詢報告「推翻亦不代表重啟政改」. Oriental Daily. 2015-04-16. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ "KWOK CHEUK KIN v. THE CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER [2014]; HCAL 103/2014". Hong Kong Judiciary. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ "Court upholds right of male villagers to seek to build on Hong Kong land". South China Morning Post. 2021-11-05. Retrieved 2023-02-17.
- ^ "KWOK CHEUK KIN AND ANOTHER v. DIRECTOR OF LANDS AND OTHERS [2015]; HCAL 260/2015 [2019] HKCFI 867". Hong Kong Judiciary. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ "KWOK CHEUK KIN AND ANOTHER v. DIRECTOR OF LANDS AND OTHERS [2019]; CACV 234, 317, 319/2019 [2021] HKCA 54". Hong Kong Judiciary. Archived from the original on 2023-03-08. Retrieved 2023-03-05.
- ^ "KWOK CHEUK KIN AND ANOTHER v. DIRECTOR OF LANDS AND OTHERS [2021]; FACV204-206/2021". Hong Kong Judiciary. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ "KWOK CHEUK KIN AND ANOTHER v. DIRECTOR OF LANDS AND OTHERS [2021]; FACV2-4/2021". Hong Kong Judiciary. Archived from the original on 2023-03-08. Retrieved 2023-03-05.
- ^ "財經法情：通訊局調動亞視頻譜決定遭司法覆核". Oriental Daily. 2015-08-06. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ "法庭：「覆核王」賠水署房會訟費". Oriental Daily. 2016-01-26. Archived from the original on 2023-03-06. Retrieved 2023-03-05.
- ^ "KWOK CHEUK KIN v. SECRETARY FOR TRANSPORT AND HOUSING AND OTHERS [2015]; HCAL 136/2015". Hong Kong Judiciary. Archived from the original on 2023-03-08. Retrieved 2023-03-05.
- ^ a b Ng, Ellie. "'Stop moving the goalposts': 'King' of judicial review challenges oaths of more pro-Beijing lawmakers - Hong Kong Free Press HKFP". Hong Kong Free Press. Retrieved 2023-02-17.
- ^ "「長洲覆核王」遭禁申法援三年". Yahoo News. Sing Tao Daily. 2017-06-09. Archived from the original on 2023-03-06. Retrieved 2023-03-06.
- ^ "Report on the 2016 Legislative Council General Election" (PDF). Electoral Affairs Commission. p. 60.
- ^ Cheng, Kris. "'King of judicial review' challenges oath errors of CY Leung and pro-Beijing lawmakers - Hong Kong Free Press HKFP". hongkongfp.com. Retrieved 2023-05-24.
- ^ "CY Leung's omission during 2012 oath-taking doesn't make vow invalid, court hears". South China Morning Post. 2017-01-12. Retrieved 2023-05-24.
- ^ 伍凱瑩 (2017-02-23). "不滿黃楚標李國寶未被控 「長洲覆核王」求法庭裁政府行政失當". 香港01. Archived from the original on 2023-03-05. Retrieved 2023-03-05.
- ^ "Kwok Cheuk Kin v Secretary for Justice | Hong Kong Lawyer". www.hk-lawyer.org. Retrieved 2023-02-17.
- ^ Standard, The. "Second suit seeks ruling on police ID tag". The Standard. Retrieved 2023-05-26.
- ^ "'Judicial Review King' twice challenges LeaveHomeSafe". The Standard. Retrieved 2023-02-17.