Hong Kong Case Law: Decisions & Judgments

Topic

Passenger service licence

Legal area

Court

17 Mar 2016

GLORY DESIRE LTD AND ANOTHER v. WING YIP TOURING BUS CO. LTD AND ANOTHER

Citation

GLORY DESIRE LTD AND ANOTHER v. WING YIP TOURING BUS CO. LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1966/2012

The 3rd contract contained a clerical omission inconsistent with the parties' common intention and must be rectified to include the PSL; D1 breached the contract (including the implied obligation to provide a correctly signed letter of surrender of the PSL), preventing P2 from obtaining the PSL; P2 was entitled to damages in lieu of specific performance (calculated from expert evidence) and restitution of payments which were penal or paid by mistake; P1's and claims against D2 failed.
19 Mar 2013

YAU WAH HING AND ANOTHER v. YUEN KAY MING

Citation

YAU WAH HING AND ANOTHER v. YUEN KAY MING
Court

Court of Appeal
Case number

CACV46/2012

The Court held the exclusive right under the PSL was partnership property under s22 of the Partnership Ordinance and the Defendant held that right for the partnership (equitable trust or fiduciary/accounting obligation); the partnership did not automatically dissolve in 1992 and continued to subsist; the sealed order was amended to delete any reference to licence No.18633C because relief in respect of that licence/business was not pleaded and proper parties had not been joined; paragraphs declaring precise share entitlements and ordering compensation (paras (3) and (4)) were set aside and the…
5 Mar 2010

KAM WING TRAVEL GROUP LTD v. SECRETARY FOR JUSTICE for COMMISSIONER FOR TRANSPORT

Citation

KAM WING TRAVEL GROUP LTD v. SECRETARY FOR JUSTICE for COMMISSIONER FOR TRANSPORT
Court

Court of First Instance
Case number

HCAL113/2008

Leave to apply for judicial review was refused because the Commissioner did not commit an error of law, properly considered relevant factors in imposing licence cancellation/sanctions, the disparity with the Tribunal arose from the Tribunal not the Commissioner, treating breaches as separate instances was lawful, and the challenge to the Commissioner’s requirement to see an arguable application/grounds for stay was plainly unarguable.
17 Dec 2009

KWOON CHUNG MOTORS CO LTD v. TRANSPORT TRIBUNAL AND ANOTHER

Citation

KWOON CHUNG MOTORS CO LTD v. TRANSPORT TRIBUNAL AND ANOTHER
Court

Court of First Instance
Case number

HCAL17/2009

The court held that objectively the October 2005 transaction was an extension of PSL No. 9396A (not the grant of a new licence); regulation 8's three-month notice requirement had been satisfied and the New Condition applied from 1 November 2005, therefore the applicant breached the New Condition and the judicial review application was dismissed.
22 Jun 2006

KOWLOON CHUNG MOTORS CO LTD v. COMMISSIONER FOR TRANSPORT

Citation

KOWLOON CHUNG MOTORS CO LTD v. COMMISSIONER FOR TRANSPORT
Court

Court of First Instance
Case number

HCAL117/2005

There was no legitimate expectation that enforcement would be withheld because the Commissioners letters of 12 August and 14 September 2002 unequivocally required cessation and contained clear warnings; the statutory scheme did not provide a general right of appeal; the Applicant continued operating despite warnings and therefore acted recklessly; any factual error by the Tribunal was immaterial as the result was inevitable.
8 Sept 2004

JAW SIU WAH t/a WILLIAM TRADING CO v. KOWLOON-CANTON RAILWAY CORPORATION

Citation

JAW SIU WAH t/a WILLIAM TRADING CO v. KOWLOON-CANTON RAILWAY CORPORATION
Court

Court of Appeal
Case number

CACV326/2003

The purchaser became the owner of the buses upon successful bid and payment; the non-transferability of passenger service licences under the Road Traffic Ordinance did not negate transfer of ownership and did not impose upon the vendor an obligation to procure licences or advise on statutory licensing restrictions; therefore the appeal was dismissed and the trial judge's dismissal of the plaintiff's claim and the defendant's successful counterclaim were upheld.

Hong Kong Case Law

GLORY DESIRE LTD AND ANOTHER v. WING YIP TOURING BUS CO. LTD AND ANOTHER

YAU WAH HING AND ANOTHER v. YUEN KAY MING

KAM WING TRAVEL GROUP LTD v. SECRETARY FOR JUSTICE for COMMISSIONER FOR TRANSPORT

KWOON CHUNG MOTORS CO LTD v. TRANSPORT TRIBUNAL AND ANOTHER

KOWLOON CHUNG MOTORS CO LTD v. COMMISSIONER FOR TRANSPORT

JAW SIU WAH t/a WILLIAM TRADING CO v. KOWLOON-CANTON RAILWAY CORPORATION