Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Delegation of executive powers

Legal area

Court

17 Dec 2013

HONG KONG TELECOMMUNICATIONS (HKT) LTD v. THE COMMUNICATIONS AUTHORITY

Citation

HONG KONG TELECOMMUNICATIONS (HKT) LTD v. THE COMMUNICATIONS AUTHORITY
Court

Court of Appeal
Case number

CACV190/2013

The OFCA letters amounted to a decision of the Communications Authority not to issue an interim direction because the appellant had failed, on the material presented, to establish a prima facie breach of section 7K; that decision truly engaged section 7K for purposes of section 32N and is therefore appealable, and the matter is remitted to the Appeal Board for substantive hearing.
4 Jul 2008

MICHAEL JOHN TRELOAR ROWSE v. THE SECRETARY FOR THE CIVIL SERVICE AND OTHERS

Citation

MICHAEL JOHN TRELOAR ROWSE v. THE SECRETARY FOR THE CIVIL SERVICE AND OTHERS
Court

Court of First Instance
Case number

HCAL41/2007

The court quashed the Secretary for the Civil Service's acceptance of the Inquiry Committee report and the Chief Secretary's decision (made pursuant to an invalid delegation by the Chief Executive) because the Inquiry Committee failed to demonstrate proper application of the appropriate standard of proof and the Secretary unlawfully denied legal representation by applying a fettered policy rather than assessing fairness case-by-case, the Department of Justice adviser had a dual prosecutorial and advisory role creating a real possibility of bias and non-disclosure of legal advice breached fair…