Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Demerit scheme
  • 10 Sept 2008

    RE REGAL RIVERSIDE HOTEL LTD

    Citation
    RE REGAL RIVERSIDE HOTEL LTD
    Court
    Court of First Instance
    Case number
    HCAL94/2008

    The Demerit Scheme does not oust the statutory discretion conferred by PHMSO s.125(1)(b); the MSAB majority lawfully exercised that discretion in view of the seriousness of the food poisoning, deterrence and public health objectives, and its decision to impose a 5‑day suspension was not unreasonable, disproportionate or ultra vires; consequently the proposed grounds for leave were unarguable.