8 Oct 2008
TAI PUI MAN AND ANOTHER v. APPEAL BOARD UNDER THE SMOKING
- Citation
- TAI PUI MAN AND ANOTHER v. APPEAL BOARD UNDER THE SMOKING
- Court
- Court of First Instance
- Case number
- HCAL58/2008
The correct approach is to give 'mainly used' and 'primarily engaged' their ordinary meanings and to assess an establishment's status by reference to its regular and general use as a whole (including but not limited to turnover data); the Appeal Board failed by focusing on discrete periods and types of food and by omitting consideration of turnover arguments, rendering its decisions unlawful; accordingly the Board's confirmations of the Director's removals were quashed and matters remitted for reconsideration.