15 Mar 2016
古思堯 v. 香港機場管理局 AND ANOTHER
- Citation
- 古思堯 v. 香港機場管理局 AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL104/2015
古思堯 v. 香港機場管理局 AND ANOTHER
15 Mar 2016
古思堯 v. 香港機場管理局 AND ANOTHER
15 Mar 2016
Leave to apply for judicial review was refused because AAHK has express statutory power under the Airport Authority Ordinance to determine and impose charges including the ACF; the ACF is within that statutory scheme and is not a levy requiring Legislative Council approval; the PRD shared use arrangement does not breach Article 130 as it involves limited technical delegation without derogation of sovereignty; and the financing proposals fall within AAHK's wide commercial discretion and do not raise reasonably arguable breaches of statutory prudence or other grounds for relief.