Kwok Cheuk-kin

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 16 years.

Kwok Cheuk-kin
郭卓堅
Kwok in 2019 outside court
Born (1940-04-29) 29 April 1940
NationalityRepublic of China
Britain
Hong Kong
Other namesKing of Judicial Reviews
EducationNational Taiwan University (LLB)
Political partyDemocratic Party
WebsiteKwok Cheuk-kin on Facebook

Early life

Kwok'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 Shaukeiwan 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 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

Aiming 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] 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.[7][8] 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.[9] However Kwok eventually stayed and continued his activism. In 2020, he was declared bankrupt after losing the JR related to Polytechnic University siege.[10][11] This, however, did not stop him from challenging government's decisions. In 2022, he achieved a rare 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,[12] despite the verdict was effectively overturned by the government days later.[13]

Kwok, a former member of Democratic Party, has been under attack from Beijing mouthpieces, accused by Ta Kung Pao of colluding with "anti-China" pro-democracy camp.[14] 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

Notable city-wide issues Kwok has challenged in court included:

Electoral performance

Islands District Council Election, 2011: Cheung Chau South
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
Islands District Council Election, 2007: Cheung Chau South
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

  1. "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.
  2. "曾讀台大法律系 妻兒居英無聯絡". Ming Pao Canada. Retrieved 2023-02-17.
  3. 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.
  4. "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.
  5. "度假屋主嘆輕生客難防". Oriental Daily. 2017-06-09. Archived from the original on 2017-06-09. Retrieved 2017-06-09.
  6. "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". hk.news.yahoo.com (in Chinese). Retrieved 2023-02-17.
  7. "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 2017-04-15.
  8. 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.
  9. Ng, Ellie (2017-06-09). "Elderly man barred from applying for legal aid for 3 years, citing 'abuse' of system". Hong Kong Free Press HKFP. Retrieved 2023-02-17.
  10. "郭卓堅就理大事件覆核敗訴 法官:未能提出合理爭議理據 (16:45)". Archived from the original on 2020-07-13. Retrieved 2021-06-17.
  11. "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.
  12. 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.
  13. 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 HKFP. Retrieved 2023-02-17.
  14. "「長洲覆核王」郭卓堅:香港法庭上的「長敗將軍」". BBC News 中文 (in Traditional Chinese). 2022-12-30. Retrieved 2023-02-17.
  15. "Viewers can contest HKTV refusal". South China Morning Post. 2014-06-20. Retrieved 2023-02-17.
  16. "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.
  17. "Kwok Cheuk Kin v Secretary for Justice | Hong Kong Lawyer". www.hk-lawyer.org. Retrieved 2023-02-17.
  18. Ng, Ellie. "'Stop moving the goalposts': 'King' of judicial review challenges oaths of more pro-Beijing lawmakers - Hong Kong Free Press HKFP". hongkongfp.com. Retrieved 2023-02-17.
  19. "'Judicial Review King' twice challenges LeaveHomeSafe". The Standard. Retrieved 2023-02-17.
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