29 Jul 1998
NG WAI SANG v. SECRETARY FOR JUSTICE
- Citation
- NG WAI SANG v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV18/1998
The appeal is allowed because the Assistant Commissioner failed to demonstrate that he fairly considered lesser punishments that would remove the officer from the Force without necessarily depriving him of pension rights (eg compulsory retirement); the reasons given did not indicate that option had been considered and that failure rendered the decision unfair and unlawful, warranting quashing and remittal. The constitutional challenge to the Order's presumption was not arguable in light of the guilty plea which included the impairment element.