20 Nov 2019
CHAN KA LAM v. THE COUNTRY AND MARINE PARKS AUTHORITY
- Citation
- [2019] HKCA 1292
- Court
- Court of Appeal
- Case number
- CACV150/2017
The recommendation to the Chief Executive under s.4(a) CPO does not fall within 'policy and programmes prepared by the Authority' in s.5(1)(b) and therefore the Authority has no statutory duty to consult the Board at the recommendation stage; the statutory scheme under Part III (notably s.8(4) consultation on draft maps and s.11(6) objection/adjudication) provides the consultative process for designation of country parks; consequently the leave application to appeal to the Court of Final Appeal was not granted.