Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Committee of inquiry

Legal area

Court

25 Sept 2002

CHING KIT MING v. HOSPITAL AUTHORITY

Citation

CHING KIT MING v. HOSPITAL AUTHORITY
Court

Court of Appeal
Case number

CACV220/2002

The Court dismissed the appeal and affirmed refusal of leave because the alleged procedural improprieties were either unsupported or too remote to affect the lawfulness of the 2000 disciplinary decision, the applicant had access to a private psychiatric report that corroborated the Committee's assessment, and no arguable case for judicial review was established.
8 Dec 1989

RE A COMMITTEE OF INQUIRY

Citation

RE A COMMITTEE OF INQUIRY
Court

Court of Appeal
Case number

CACV17/1989

The appeal was allowed because the Instrument of appointment was defective: paragraph 3’s wording (‘as may be laid before it by the Bar Committee’) failed to confine the Committee to the specific formulated charges presented to the Chief Justice. Given the quasi‑judicial nature of the appointing function, the Chief Justice must be informed of the precise charges so his discretion is properly exercised; the defective Instrument removed the Committee’s cloak of jurisdiction and rendered the appointment unlawful and the Committee improperly constituted.