16 Dec 2019
CHEE FEI MING v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER
- Citation
- [2019] HKCA 1425
- Court
- Court of Appeal
- Case number
- CACV489/2018
The Court held s104A(1)(b) is "prescribed by law" because, read holistically with the Management Scheme, statutory objectives, common law limits and availability of judicial review, it provides sufficient clarity and safeguards against arbitrary interference; s104A applies to displays with a degree of permanence and habitual regularity and the residual discretion to permit non‑Management Scheme displays must be exercised guided by the Management Scheme and statutory purposes; the proportionality challenge (including content‑screening) failed on the available materials. The appeal was allowed…