11 Jul 2005
LIU PIK HAN v. HONG KONG FEDERATION OF INSURERS APPEALS TRIBUNAL AND ANOTHER
- Citation
- LIU PIK HAN v. HONG KONG FEDERATION OF INSURERS APPEALS TRIBUNAL AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL50/2005
The court held that Clause 39 of the Code and the statutory scheme properly construed impliedly conferred investigative powers on the Board, but the Board and the Appeals Tribunal breached the Applicant's right to a fair hearing under Article 10 by disposing of serious, credibility-dependent disciplinary allegations without an oral hearing and without adequate reasons; accordingly their decisions were quashed and the matter remitted to a differently constituted Board for fresh consideration with an oral hearing, and a mandamus directed return for that purpose.