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I. Intervention

At any stage of judicial review proceedings, under Rules of the High Court (Cap. 4A) Order 53 rules 5B & 9(1), the Court may permit the making of representation by any “proper person to be heard”.  This includes intervention, which can be helpful to the Court: See e.g. W v Registrar of Marriages (2013) 16 HKCFAR 112 in which the International Commission of Jurist intervened, and its submissions were regarded as helpful and justified under the circumstances.  In deciding whether to grant leave for intervention, the Court will consider factors such as

 

(1) whether the public interest in a legal issue of general importance may be represented by neither of the two parties before the court;

(2) the intended intervenor’s knowledge and the usefulness of the particular point of view;

(3) whether the intended intervenor would provide the Court with a more rounded picture, or whether it merely repeats points of the parties;

(4) prejudice to the Court or to the parties.