19 Oct 2021
PAULUS JOHANNES ZIMMERMAN, THE VICE-CHAIRMAN OF THE SOUTHERN DISTRICT COUNCIL v. THE SECRETARY OF THE SOUTHERN DISTRICT COUNCIL
- Citation
- [2021] HKCFI 3030
- Court
- Court of First Instance
- Case number
- HCAL1827/2020
Where an agenda item, properly analysed, contains some matters within a District Council's s.61 functions and some matters outside them, the Secretary is not legally bound to treat the whole item as within the Council's functions or to use public resources to enable discussion of parts that are ultra vires; determining compatibility requires looking at the true nature and purpose of the matters proposed, and the chairman is not the final arbiter of ultra vires questions. Because Item 10 encompassed both intra vires and likely ultra vires elements, a blanket declaratory order as sought by the…