Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Supplementary allowance

Legal area

Court

1 Jun 2018

BOTH HOST INTERNATIONAL LTD v. DIRECTOR OF LANDS AND ANOTHER

Citation

[2018] HKCFI 1171
Court

Court of First Instance
Case number

HCAL126/2014

The Court held that the operative policy on SA was to be found in the LegCo/Finance Committee papers approved for funding and not in the Information Pamphlet; therefore no clear, unqualified representation in the Pamphlet gave rise to a legitimate expectation enforceable against the Director; failure to call URA survey staff went to weight of evidence rather than fatal procedural unfairness, although there is a general duty to disclose adverse materials relied upon by the decision-maker.
1 Jun 2018

GREAT MIGHTY LTD v. DIRECTOR OF LANDS AND ANOTHER

Citation

[2018] HKCFI 1171
Court

Court of First Instance
Case number

HCAL125/2014

The court held the operative government policy on HPA/SA is contained in the LegCo/Finance Committee papers (the approved policy) which include an actual user criterion; the Information Pamphlet was only a general guideline and did not create a clear, unambiguous representation giving rise to a legitimate expectation; failure to call URA staff did not amount to fatal procedural unfairness though non‑disclosure of adverse documents raises fairness concerns; on those bases the applicants' legal challenge failed.