Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bill of rights (articles 10 and 14)
  • 19 May 1994

    BUSINESS RIGHTS LTD. v. THE BUILDING AUTHORITY

    Citation
    BUSINESS RIGHTS LTD. v. THE BUILDING AUTHORITY
    Court
    Court of Appeal
    Case number
    CACV212/1993

    Article 10 is not engaged by a District Judge's making of a closure order under s27(1)(a)(ii) because by that stage no substantive proprietary rights remain to be determined; the composition of the appeal tribunal under s43(2) does not render it inherently non-independent or partial and the Rules permitting refusal to hold an inquiry are permissible where after due consideration no good cause is shown. Article 14 was not contravened by s27(1)(a)(ii) in the statutory scheme. Therefore the statutory provisions stand and the appeal is dismissed.

    • Bill of rights (articles 10 and 14)
    • Closure orders s27(1)(a)(ii)
    • Tribunal composition s43(2)
    • Procedural fairness
    • Judicial review
    • Appeal procedures