Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedural fairness and legitimate expectation

Legal area

Court

14 Sept 2000

LEUNG MAN CHEUNG v. SECRETARY FOR PLANNING AND LANDS AND ANOTHER

Citation

LEUNG MAN CHEUNG v. SECRETARY FOR PLANNING AND LANDS AND ANOTHER
Court

Court of First Instance
Case number

HCAL379/2000

The applications were dismissed: valuation differences and alleged low offers are within the compensatory machinery and not amenable to judicial review; the Secretary lawfully relied on independent valuation and internal departmental expertise (no breach of s.15(5)); the promise to give reasons was honored and the reasons were adequate; there was no Wednesbury irrationality and the Chief Executive in Council validly acted on the Secretary's recommendation.
14 Sept 2000

LI TING CHUNG AND OTHERS v. CHIEF EXECUTIVE IN COUNCIL AND ANOTHER

Citation

LI TING CHUNG AND OTHERS v. CHIEF EXECUTIVE IN COUNCIL AND ANOTHER
Court

Court of First Instance
Case number

HCAL915/2000

Valuation disputes and pure disagreements between professional valuers are outside the remit of judicial review under the statutory scheme; the Secretary lawfully relied on the LDC Section and independent government consultant (no breach of s.15(5)); the Secretary's reasons (and subsequent explanations) were sufficient given the promise to give reasons; consequently the recommendation and the Chief Executive in Council's resumption order were lawful and the applications fail.