Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement discretion

Legal area

Court

2 Jun 2025

歐陽金英對地政總署（元朗地政處土地執管隊） [Decision on Leave Application]

Citation

[2025] HKCFI 2154
Court

Court of First Instance
Case number

HCAL1014/2025

Permission for judicial review is refused because the applicant has no arguable legal right to continued occupation under the hut control regime, the notices and enforcement actions were taken pursuant to statutory and established policy and were adequately communicated, the asserted promise and alleged selective enforcement lack sufficient detail or evidence to ground a legitimate‑expectation or abuse‑of‑power claim, and therefore no reasonable grounds for judicial review exist.
11 Jun 2015

香港特別行政區訴湯萬財

Citation

香港特別行政區訴湯萬財
Court

Court of First Instance
Case number

HCMA225/2014

The conviction was upheld because expert analysis and sampling established the cylinders contained BTM classified as a Category 2 Class 2 liquefied/compressed gas; 43 cylinders far exceeded the statutory exemption; the appellant, who knew or had reasonable grounds to suspect an offence, failed to conduct required evidence‑gathering, instructed removal and misreported findings; those acts satisfied the elements of conduct tending and intended to pervert the course of justice and the prosecution proved actus reus and mens rea beyond reasonable doubt.
29 Apr 1986

RE HO KING KWAN

Citation

RE HO KING KWAN
Court

Court of First Instance
Case number

HCMP385/1986

The prior certificate of compliance did not create a legitimate expectation that the Building Authority would never thereafter enforce the Ordinance; the Building Authority's discretion to enforce protective regulations cannot be fettered by such a certificate, its decision was not irrational, and the applicant's unexplained delay was fatal to the claim; therefore the judicial review application failed.

Hong Kong Case Law

歐陽金英 對 地政總署（元朗地政處土地執管隊） [Decision on Leave Application]

香港特別行政區 訴 湯萬財

RE HO KING KWAN

歐陽金英對地政總署（元朗地政處土地執管隊） [Decision on Leave Application]

香港特別行政區訴湯萬財