Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Colonial laws validity act 1865

Legal area

Court

14 Dec 1983

WINFAT ENTERPRISE (HK) CO LTD v. ATTORNEY GENERAL

Citation

WINFAT ENTERPRISE (HK) CO LTD v. ATTORNEY GENERAL
Court

Court of Appeal
Case number

CACV76/1983

The 1899 Proclamations did not have the force of law; the New Territories Order‑in‑Council conferred broad legislative power to make laws for peace, order and good government which was not restricted by the Peking Convention in a way enforceable by private parties in domestic courts; breach by the Governor of Royal Instructions does not render Ordinances void because s.4 of the Colonial Laws Validity Act 1865 validates laws assented to by the Governor; and the Governor lawfully could grant Block Crown Leases of less than 99 years and impose user restrictions under the Land Court Ordinances —…
7 Jun 1968

REDIFFUSION (HONG KONG) LTD v. ATTORNEY GENERAL AND ANOTHER

Citation

REDIFFUSION (HONG KONG) LTD v. ATTORNEY GENERAL AND ANOTHER
Court

Court of First Instance
Case number

HCA507/1968

The court held the writ disclosed no reasonable cause of action because it seeks to declare unlawful the passing by the Legislative Council of a Bill which, if assented and enacted, might be repugnant and void; repugnancy under the Colonial Laws Validity Act arises only upon enactment (assent) and pre‑assent legislative acts are not themselves unlawful, therefore the first paragraph of the endorsement (and consequently the second and third) must be struck out as premature and unsustainable.