Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Police force ordinance s.25
  • 30 May 2002

    FUNG YIU BUN v. COMMISSIONER OF POLICE

    Citation
    FUNG YIU BUN v. COMMISSIONER OF POLICE
    Court
    Court of First Instance
    Case number
    HCAL2350/2001

    s.25(1) Cap.232 confers a notice-based contractual-style power to terminate probationary inspectors that, in context and read with the Ordinance and departmental rules, excludes the full rules of natural justice by necessary implication; therefore the dismissal was not amenable to public law judicial review on procedural fairness grounds and the Commissioner’s decision to discharge for unsatisfactory performance was not irrational on the evidence, so the application is dismissed.