Hong Kong Case Law: Decisions & Judgments

Topic

Procedural fairness/right to be heard

Legal area

Court

23 May 2024

WONG PUI YIN GEORGEANNA (as the administratrix of the estate of WONG CECILIA PUI LUEN, deceased) v. ELITE GIANT LTD AND ANOTHER

Citation

[2024] HKCA 489
Court

Court of Appeal
Case number

CACV220/2023

A stay of execution was granted because there was a reasonably arguable procedural irregularity in the judge determining the originating summonses without giving the intervener an opportunity to be heard, and the balance of convenience favoured a stay given the realistic risk of prejudice to the intervener (particularly as the companies conduct trading businesses); accordingly paragraphs 3–5 of Harris J's orders were stayed pending determination of the corresponding appeals and a rolled‑up hearing of leave applications was ordered.
24 May 2022

WOO TAK YAN v. SECRETARY FOR THE CIVIL SERVICE

Citation

[2022] HKCFI 1465
Court

Court of First Instance
Case number

HCAL1640/2021

The Applicant did not put forward an arguable case that the Department and CSB acted unlawfully or unreasonably: the words inserted in the signature box were not a name or an objectively recognisable signature used by the Applicant in his civil service role, the authorities reasonably concluded the declarations were not duly signed, the Applicant was given opportunities to remedy and to make representations, and the Decision to retire him in the public interest under s12 PS(A)O was lawful; accordingly leave to apply for judicial review was refused.
3 Dec 2008

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDRA365/2004

Section 11A requires a two-stage review and, absent clear statutory language or exceptional circumstances, the Tribunal must afford the respondent an opportunity to be heard at the first stage; the applicant failed to show cogent new reasons (refund risk or a new appeal) to disturb the prior case management decision to proceed by a single test appeal, so the review application was refused.
19 Aug 1992

RE CHEUNG WING KWAN AND OTHERS

Citation

RE CHEUNG WING KWAN AND OTHERS
Court

Court of Appeal
Case number

CACV145/1991

By majority the Court held that no legitimate expectation arose from reinstatement and continued employment, and that the letters from the Secretary for the Civil Service adequately informed appellants of the grounds for contemplated retirement and afforded opportunity to make representations under Colonial Regulation 59; the undisclosed prosecutorial comments were not material such as to deny procedural fairness, and pension entitlement remained governed by the Pensions Ordinance, so the appeals were dismissed.
27 Feb 1980

RE YEUNG CHOI WAN

Citation

RE YEUNG CHOI WAN
Court

Court of First Instance
Case number

HCMP762/1979

The Commissioner lawfully exercised discretionary power to refuse renewal: he properly notified the applicant of relevant police objections, afforded a fair opportunity to reply, considered the representations and reached a reasoned conclusion that the premises and management had not complied with licence conditions; legitimate expectation requires fair consideration not automatic renewal; delay beyond expiry does not invalidate a subsequent lawful decision; an orally imposed condition warned at interview was enforceable and its breach justified refusal to renew.

Hong Kong Case Law

WONG PUI YIN GEORGEANNA (as the administratrix of the estate of WONG CECILIA PUI LUEN, deceased) v. ELITE GIANT LTD AND ANOTHER

WOO TAK YAN v. SECRETARY FOR THE CIVIL SERVICE

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

RE CHEUNG WING KWAN AND OTHERS

RE YEUNG CHOI WAN