15 Jun 1995
SECAN LTD. v. ATTORNEY GENERAL OF HONG KONG
- Citation
- SECAN LTD. v. ATTORNEY GENERAL OF HONG KONG
- Court
- Court of Appeal
- Case number
- CACV120/1995
Clause 12(a) is clear and self-contained and empowered the Director of Environmental Protection to require the implementation of such ameliorative measures as he deemed necessary (including a noise barrier); the Government Guidelines did not fetter that power nor create a binding 'reasonable businessman' expectation; the DEP's power was not spent by earlier proposals; estoppel and legitimate expectation were not established; and Wednesbury review was not properly invoked in these originating summons proceedings without leave, so the appeal must be allowed and the judge's declaration set aside.