Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Death of licensee

Legal area

Court

8 Mar 2001

BASE TOP DEVELOPMENT LTD. v. COMMISSIONER OF POLICE

Citation

BASE TOP DEVELOPMENT LTD. v. COMMISSIONER OF POLICE
Court

Court of Appeal
Case number

CACV104/2001

The licence lapsed on the death of the named licensee so there was no existing licence capable of being transferred under MEO s9(2) or amended/substituted under IGCO s46; s7(5) does not preserve a licence where it has lapsed due to the licensee's death. Therefore transfer, amendment or substitution to name a new licensee was not permitted and the appeals fail.
24 Oct 2000

BASE TOP DEVELOPMENT LTD. v. THE COMMISSIONER OF POLICE

Citation

BASE TOP DEVELOPMENT LTD. v. THE COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL2324/2000

The Ordinance manifests a legislative scheme that treats massage establishment licences as personal privileges granted only to a natural person who must personally supervise operations; on the licensee's death the licence ceases and cannot be transferred, s7(5) does not save a licence in such circumstances and s46 IGCO cannot override the specific statutory scheme; therefore the Commissioner was correct to refuse the transfer and the application for leave to judicially review is not arguable.