Hong Kong Case Law: Decisions & Judgments

Topic

Passenger service licences

Legal area

Court

14 Oct 2011

KWOON CHUNG MOTORS COMPANY LIMITTED v. COMMISSIONER FOR TRANSPORT AND ANOTHER

Citation

KWOON CHUNG MOTORS COMPANY LIMITTED v. COMMISSIONER FOR TRANSPORT AND ANOTHER
Court

Court of First Instance
Case number

HCAL13/2010

Condition 1 is to be read as a 30‑day window within which more than two days of service (intermittent or consecutive) trigger the requirement for prior approval; s.71(1)(a) Cap 1 is inapplicable to licence terms; and the Commissioner and the Tribunal acted within their powers in considering the applicant's previous breaches when determining sanctions under ss.30–31 RTO. Consequently the judicial review applications fail.
14 Oct 2011

KWOON CHUNG MOTORS COMPANY LIMITTED v. COMMISSIONER FOR TRANSPORT AND ANOTHER

Citation

KWOON CHUNG MOTORS COMPANY LIMITTED v. COMMISSIONER FOR TRANSPORT AND ANOTHER
Court

Court of First Instance
Case number

HCAL12/2010

Condition 1 is properly construed to mean that if three or more days of service fall within any period of 30 days the licence condition is engaged; s.71(1)(a) IGCO does not apply to licence conditions; and the Commissioner and the Tribunal lawfully may take into account previous breaches by the licensee (including breaches under other PSLs) as relevant aggravating factors when determining the appropriate sanction under s.31 RTO. Accordingly both grounds of judicial review fail.
5 Jul 2011

LEE KWONG YAN v. LAI YAN TRANSPORT CO LTD

Citation

LEE KWONG YAN v. LAI YAN TRANSPORT CO LTD
Court

Court of First Instance
Case number

HCA382/2011

There are serious issues to be tried both on enforceability of the agreement by specific performance and on breach by the defendant (failure to cooperate); damages are inadequate given the importance of the licences and the commercial use of the vehicles; accordingly interlocutory relief to preserve the vehicles and associated passenger service licences was warranted and granted, and the acceptance of the returned deposit did not automatically amount to termination of the agreement in the circumstances.
17 Apr 2003

CHIT FAI MOTORS CO LTD v. COMMISSIONER FOR TRANSPORT

Citation

CHIT FAI MOTORS CO LTD v. COMMISSIONER FOR TRANSPORT
Court

Court of First Instance
Case number

HCAL146/2002

The court refused to grant the declaration because at the substantive hearing there was no real live dispute—the licences had expired and no evidence showed a pending application—so granting a declaration would amount to an inappropriate advisory judgment; accordingly the judicial review was dismissed and the court declined to resolve the substantive question whether a duty to consult exists.

Hong Kong Case Law

KWOON CHUNG MOTORS COMPANY LIMITTED v. COMMISSIONER FOR TRANSPORT AND ANOTHER

KWOON CHUNG MOTORS COMPANY LIMITTED v. COMMISSIONER FOR TRANSPORT AND ANOTHER

LEE KWONG YAN v. LAI YAN TRANSPORT CO LTD

CHIT FAI MOTORS CO LTD v. COMMISSIONER FOR TRANSPORT