6 Jun 1997
HONG KONG CLAYS AND KAOLIN CO. LTD. v. THE DIRECTOR OF LANDS
- Citation
- HONG KONG CLAYS AND KAOLIN CO. LTD. v. THE DIRECTOR OF LANDS
- Court
- Court of First Instance
- Case number
- HCMP3718/1996
Section 24(2) of the Mining Ordinance confers a power on the Director to renew mining leases rather than imposing a mandatory duty to renew; however the Director must exercise that discretion lawfully and fairly, and in this case procedural unfairness arose because the Director failed to notify the lessee of adverse conclusions (non‑use and complaints) and invite representations; accordingly the Director's decision was quashed and remitted for fresh consideration.