Hong Kong Case Law: Decisions & Judgments

Topic

Punishment proportionality

Legal area

Court

22 Sept 2008

MAN YEE TRANSPORT BUS CO LTD v. TRANSPORT TRIBUNAL AND ANOTHER

Citation

MAN YEE TRANSPORT BUS CO LTD v. TRANSPORT TRIBUNAL AND ANOTHER
Court

Court of First Instance
Case number

HCAL103/2008

Leave was refused because the applicant failed to demonstrate any error of law or procedural unfairness by the Tribunal; the Tribunal's factual findings were supported by sufficient evidence and within its discretion, the proffered repair records were unreliable and untimely, and prior corporate breaches were legitimately considered in assessing punishment.
10 Nov 2005

LAM CHI PAN v. COMMISSIONER OF POLICE

Citation

LAM CHI PAN v. COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL93/2005

Leave to apply for judicial review dismissed because the alleged procedural defects were not arguable: the Applicant had a fair hearing, identification and contemporaneous evidence proved the hoax call beyond reasonable doubt, the adjudicator applied an appropriate standard, and the disciplinary punishments were not perverse or unduly oppressive.
26 Jan 2005

TSUI MA CHING v. AN INVESTIGATION COMMITTEE APPOINTED PURSUANT TO SECTION 6 OF THE PUBLIC SERVICE (DISCIPLINE) REGULATION AND SECTION 10 OF THE PUBLIC SERVICE (ADMINISTRATION) ORDER 1997 AND ANOTHER

Citation

TSUI MA CHING v. AN INVESTIGATION COMMITTEE APPOINTED PURSUANT TO SECTION 6 OF THE PUBLIC SERVICE (DISCIPLINE) REGULATION AND SECTION 10 OF THE PUBLIC SERVICE (ADMINISTRATION) ORDER 1997 AND ANOTHER
Court

Court of First Instance
Case number

HCAL20/2004

The court held the committee's finding was not irrational because evidence showed the Housing Officer had acted beyond his authority in granting regular informal absences contrary to departmental instructions, such permissions could not justify the applicant's absences, the lack of date particulars did not cause prejudice, the admission of interview records of absent reluctant witnesses did not render the hearing unfair, and the Permanent Secretary lawfully and rationally confirmed the findings and imposed a proportionate punishment; application dismissed.
29 Jul 1998

NG WAI SANG v. SECRETARY FOR JUSTICE

Citation

NG WAI SANG v. SECRETARY FOR JUSTICE
Court

Court of Appeal
Case number

CACV18/1998

The appeal is allowed because the Assistant Commissioner failed to demonstrate that he fairly considered lesser punishments that would remove the officer from the Force without necessarily depriving him of pension rights (eg compulsory retirement); the reasons given did not indicate that option had been considered and that failure rendered the decision unfair and unlawful, warranting quashing and remittal. The constitutional challenge to the Order's presumption was not arguable in light of the guilty plea which included the impairment element.

Hong Kong Case Law

MAN YEE TRANSPORT BUS CO LTD v. TRANSPORT TRIBUNAL AND ANOTHER

LAM CHI PAN v. COMMISSIONER OF POLICE

TSUI MA CHING v. AN INVESTIGATION COMMITTEE APPOINTED PURSUANT TO SECTION 6 OF THE PUBLIC SERVICE (DISCIPLINE) REGULATION AND SECTION 10 OF THE PUBLIC SERVICE (ADMINISTRATION) ORDER 1997 AND ANOTHER

NG WAI SANG v. SECRETARY FOR JUSTICE