18 Mar 2020
PROFESSOR CHAN YAN CHEONG v. THE RESEARCH GRANTS COUNCIL OF THE UNIVERSITY GRANTS COMMITTEE
- Citation
- [2020] HKCFI 459
- Court
- Court of First Instance
- Case number
- HCAL603/2017
The court held that questions requiring academic judgment (including whether plagiarism requires intention) are non-justiciable; the RGC erred in law by referring to and applying the New Penalty Guidelines retrospectively, but that error did not warrant quashing or declaring the penalty unlawful because the penalty had already been served and the matter had become academic; leave to amend and to apply for judicial review was granted only on the Penalty Ground and the substantive judicial review was dismissed.