Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interpretation of enabling provisions
  • 23 Dec 1980

    RE ROBERT STEER HUTHART

    Citation
    RE ROBERT STEER HUTHART
    Court
    Court of First Instance
    Case number
    HCMP1238/1980

    The court held the Director had no jurisdiction to grant the temporary liquor licence sought: section 8 is purely procedural and does not create substantive power; section 7(1) must be read with reference to periods prescribed by regulations under section 6, and does not permit the Director to grant licences for indeterminate or ad hoc temporary periods; the Regulations vest issuing powers in the Liquor Licensing Board (and the Commissioner of Police for special occasions), so the Director's refusal was lawful and leave for judicial review was refused.