29 Nov 2010
LICOMAN HERBAL RESEARCH LAB. LTD v. THE CHINESE MEDICINES BOARD OF THE CHINESE MEDICINE COUNCIL OF HONG KONG
- Citation
- LICOMAN HERBAL RESEARCH LAB. LTD v. THE CHINESE MEDICINES BOARD OF THE CHINESE MEDICINE COUNCIL OF HONG KONG
- Court
- Court of First Instance
- Case number
- HCMP2420/2009
The Board's conclusion that Thymol in excess of 1% is pharmacologically active and therefore the products do not fall within the statutory definition of 'proprietary Chinese medicine' is supported by ample evidence; the Board disclosed reasons and did not deny procedural fairness; s.128 and s.124(1) preclude variation of active ingredients, so the Board had no discretion to register the products — appeal dismissed.