Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Material error of fact

Legal area

Court

20 May 2009

CHEUNG SHING SCRAP METALS RECYCLING LTD v. DIRECTOR OF LANDS

Citation

CHEUNG SHING SCRAP METALS RECYCLING LTD v. DIRECTOR OF LANDS
Court

Court of First Instance
Case number

HCAL54/2008

The Director's decision not to enforce the tenancy arose from the exercise of landlord powers in the private domain and therefore was not amenable to judicial review; alternatively, on the merits the applicant failed to prove a material error of fact or a clear, unambiguous representation giving rise to legitimate expectation and furthermore lacked standing, so the judicial review application was dismissed.
13 Dec 1990

NGUYEN HO AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

NGUYEN HO AND OTHERS v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of Appeal
Case number

CACV185/1990

The Court upheld the trial judge's exercise of discretion to exclude general country‑condition evidence de bene esse because such evidence did not demonstrate a plainly established material error of fact known to or binding on the decision‑makers, and Wednesbury unreasonableness must be judged by reference to what was known to the decision‑maker at the time; admission of broad post‑decision country evidence would improperly permit retrying merits and impose an unmanageable burden on authorities.