31 Aug 2006
LAU WAI KIN, DANDY v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER
- Citation
- LAU WAI KIN, DANDY v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL43/2006
The court held the Commissioner lawfully applied s.5 and the Guidelines in assessing suitability of area (including proximity to other AGCs and educational institutions) and did not unlawfully fetter discretion; the refusals were not unreasonable or procedurally flawed. However, the Appeal Board erred procedurally in making a costs order without affording the applicant an opportunity to be heard on whether costs should follow the event and on quantum; the costs order is therefore quashed and remitted for reconsideration.