28 Aug 2008
CATHAY PACIFIC AIRWAYS LTD v. ADMINISTRATIVE APPEALS BOARD AND ANOTHER
- Citation
- CATHAY PACIFIC AIRWAYS LTD v. ADMINISTRATIVE APPEALS BOARD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL50/2008
The court held that the Commissioner and Administrative Appeals Board misinterpreted Schedule 1 DPP1(2) by treating any collection accompanied by adverse consequences as inherently unfair; informing employees of disciplinary consequences when disclosure is legitimately obligatory does not by itself make the means of collection unfair, though the form and tone of communication may be relevant to fairness; therefore the Commissioner’s enforcement notice and the Board’s decision were quashed and the matter remitted to the Commissioner for fresh consideration.