9 Oct 1980
RE LEUNG MO-CHU
- Citation
- RE LEUNG MO-CHU
- Court
- Court of First Instance
- Case number
- HCMP369/1980
The court is divided: Liu J. held that conditions requiring permanent surrender of quota as punishment for past conduct were extraneous to the mechanics of issuing licences under section 3(1) and therefore ultra vires, and that upon compliance with formalities and proper conditions the Director has a duty to grant licences; Macdougall J. held the Director had a lawful discretion to refuse licences to protect the quota scheme and that he acted within that discretion and observed natural justice. The Full Bench in effect denied the Notice of Motion and ordered costs to the Respondent (court div…