16 Jan 2003
KAM WAI HUNG v. SECRETARY FOR JUSTICE
- Citation
- KAM WAI HUNG v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV264/2002
The 28 February memo evidenced that the Force Discipline Officer had effectively made up his mind to terminate the applicant before the statutorily required show-cause opportunity, thereby breaching procedural fairness under reg 14(6)(a); the proper remedy was to quash the FDO's decision by certiorari and to order mandamus reinstating the applicant, but an order of prohibition preventing re-determination was inappropriate because it would frustrate mandatory disciplinary procedures and was not warranted on the facts.