Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Definition of indigenous inhabitant
  • 19 Dec 2012

    CHAN WAI HONG v. THE REVISING OFFICER, MR SYMON WONG

    Citation
    CHAN WAI HONG v. THE REVISING OFFICER, MR SYMON WONG
    Court
    Court of First Instance
    Case number
    HCAL105/2011

    The Revising Officer's Decision was quashed because he failed to provide adequate and intelligible reasons for concluding that all 84 Persons were indigenous inhabitants of Luk Keng despite accepting evidence suggesting some ancestors resided in Lo Fong in 1898, and he failed to indicate whether and why he rejected relevant additional evidence about the 21 Persons; the proper remedy was quashing and remitting the VRE Appeals to the same Revising Officer for reconsideration; the court refused the applicant's declaration because disputed facts should not be resolved in judicial review.