Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Administrative sanctions vs criminal sanctions
  • 27 Jan 1981

    RE GOLDEN WALL SHIRTS FACTORY LTD

    Citation
    RE GOLDEN WALL SHIRTS FACTORY LTD
    Court
    Court of First Instance
    Case number
    HCMP999/1980

    By majority (Zimmern and Barker JJ.) the Director lawfully may formulate and apply a quota administration policy under s.3(1) and related regulations, and may require surrender of quota and refuse export licences as administrative, compensatory measures (not punitive) to protect Hong Kong's quota obligations provided the discretion is exercised bona fide, fairly and with opportunity to make representations; the applicants were given such opportunity and the application is dismissed. Dissent (Rhind J.) held the decision was nullity for prejudgment and lack of fresh opportunity to refute allega…