28 Sept 2021
803 FUNDS LTD v. SECRETARY FOR EDUCATION
- Citation
- [2021] HKCFI 2874
- Court
- Court of First Instance
- Case number
- HCAL1969/2020
The court held that EDB lawfully refused disclosure. The withheld information was third party/confidential and in substance personal data collected for investigation; the Applicant's purpose was a new purpose under DPP3 so disclosure would be impermissible absent consent; the public interest balancing favoured non-disclosure given unfairness, adverse impacts and risk to investigative cooperation; the decision was within the range of Wednesbury reasonableness and did not constitute unlawful fettering of discretion.