Hong Kong Case Law: Decisions & Judgments

Topic

Judicial review - certiorari

Legal area

Court

16 May 2014

TANG SHUK CHUN v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE

Citation

TANG SHUK CHUN v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE
Court

Court of First Instance
Case number

HCAL18/2013

The Director’s October 2012 approvals were based on materially different grounds from those consulted on in May 2012 (claims that stallholders had been carrying on non-food trade for years); under M18 and the common law duty of fairness those new grounds required fresh consultation with the Committee, and failure to do so rendered the decision unlawful and subject to quashing.
21 Mar 2001

TENG FUH CO. LTD. t/a KONG CHIN TRADING CO. v. AIR POLLUTION CONTROL APPEAL BOARD AND ANOTHER

Citation

TENG FUH CO. LTD. t/a KONG CHIN TRADING CO. v. AIR POLLUTION CONTROL APPEAL BOARD AND ANOTHER
Court

Court of First Instance
Case number

HCAL1928/2000

The storage and trading activities produced emissions (objectionable odour) and therefore qualified as a 'polluting process' under the Ordinance; the factual matrix (officers' observations, leakage, capacity for increased stock, seasonal heat and handling) established that air pollution was imminent in the statutory sense; the Appeal Board's affirmation was neither irrational nor Wednesbury unreasonable, so the judicial review application failed.
19 Aug 1992

RE CHEUNG WING KWAN AND OTHERS

Citation

RE CHEUNG WING KWAN AND OTHERS
Court

Court of Appeal
Case number

CACV140/1991

By majority the Court held appellants did not establish a legitimate expectation from reinstatement and were adequately informed of the grounds for contemplated retirement and given an opportunity to make representations; undisclosed prosecutorial and DPP comments did not render the procedure unfair or vitiate the Governor's decision under Colonial Regulation 59; the Governor's refusal to direct immediate pension payments was within statutory discretion; appeals dismissed.

Hong Kong Case Law

TANG SHUK CHUN v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE

TENG FUH CO. LTD. t/a KONG CHIN TRADING CO. v. AIR POLLUTION CONTROL APPEAL BOARD AND ANOTHER

RE CHEUNG WING KWAN AND OTHERS