Hong Kong Case Law: Decisions & Judgments

8 Feb 1983

PETER JAMES MIERS v. THE ROYAL HONG KONG JOCKEY CLUB

Citation: PETER JAMES MIERS v. THE ROYAL HONG KONG JOCKEY CLUB
Court: Court of Appeal
Case number: CACV137/1982

Majority held Rule 2(b) discretionary ground not met; contract ground under Rule 2(a) failed because no contract was pleaded and matter not properly before court; however majority concluded that because the Stewards' sole reason for refusal would, if irrational, inevitably require grant of a licence, the appeal involved a civil right effectively of the requisite monetary value and therefore leave to appeal to the Privy Council should be granted subject to conditions. Dissent held the real civil right was only the right to a fair hearing, not a monetisable right to work, and therefore Rule 2(a…

ATTORNEY GENERAL v. NG KEE

Citation

ATTORNEY GENERAL v. NG KEE

Court

Court of Appeal

Case number

CACV8/1977

In the absence of malice or knowledge that he was acting ultra vires, a public officer exercising power honestly and in good faith does not incur civil liability in damages for the mistaken or wrongful exercise of that power; claimant's remedy is declaratory relief, not damages, unless misfeasance with knowledge or malice is established.