Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Amenability to review

Legal area

Court

18 Jul 2012

CHAU TAM YUET CHING v. DIRECTOR OF LANDS

Citation

CHAU TAM YUET CHING v. DIRECTOR OF LANDS
Court

Court of First Instance
Case number

HCAL66/2012

The 1st Decision cancelling the two Government Land Licences was a contractual/licensor act by the Director acting as land agent and thus a private/commercial function not amenable to judicial review; because the applicant's challenge to the 2nd Decision (s6 notice) depends on quashing the 1st Decision and the 1st Decision is not reviewable, leave to apply for judicial review was refused.
11 Apr 1997

KWOK & CHU v. THE HONG KONG HOUSING AUTHORITY

Citation

KWOK & CHU v. THE HONG KONG HOUSING AUTHORITY
Court

Court of First Instance
Case number

HCMP4346/1996

The Authority's selection of solicitors to undertake conveyancing under the Home Ownership Scheme did not amount to the exercise of a public function in a statutory or public‑law sense and therefore its decision to apply fixed selection criteria without exception was not amenable to judicial review; accordingly the judicial review application failed and was dismissed.