Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Abdication of decision‑making

Legal area

Court

30 Jun 2022

LAU KWONG MAN v. THE DIRECTOR OF ENVIRONMENTAL PROTECTION AND ANOTHER

Citation

[2022] HKCFI 1466
Court

Court of First Instance
Case number

HCAL1310/2021

Leave to apply for judicial review was refused because the alleged decision not to apply for funding was not shown to be a decisive administrative act amenable to review, the HPR Tunnel had not been abandoned, the claimed representations did not give rise to a clear legitimate expectation, the substantive grounds were not reasonably arguable, and the application was delayed without good reason.
8 Nov 2006

SMART GAIN INVESTMENT LTD v. TOWN PLANNING BOARD

Citation

SMART GAIN INVESTMENT LTD v. TOWN PLANNING BOARD
Court

Court of Appeal
Case number

CACV106/2006

The Court of Appeal held that the materials disclosed an arguable case meriting leave: it was arguable that the Board/Objection Hearing Committee failed to resolve disputed factual issues, may have adopted the Planning Department's assertions without inquiry and thereby risked abdication of decision-making and failure to give reasons; accordingly leave to apply for judicial review was granted applying the Ho Ming-sai test.