Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Governor in council approval
  • 12 Jul 1989

    ATTORNEY GENERAT v. CHAN FOO

    Citation
    ATTORNEY GENERAT v. CHAN FOO
    Court
    Court of First Instance
    Case number
    HCMA733/1988

    The Court admitted the Clerk of Councils' affidavit showing Governor in Council approval of a set of special conditions including the disputed prohibition and, because that fresh evidence changed the legal basis of the magistrate's decision, remitted Chan Foo's case to the Magistrate to re-open and re-consider in light of the new evidence; in the second appeal the Crown elected not to proceed because the condition relied on was not among those shown to be approved, so that appeal was dismissed; costs were taxed against the Crown for the hearings before the Court of Appeal and Duffy J. where C…