Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Appeal vs rehearing
  • 23 Nov 1988

    RE YUEN CHAK TENG

    Citation
    RE YUEN CHAK TENG
    Court
    Court of First Instance
    Case number
    HCMP1477/1988

    The adjudicating officer's personal visit and acceptance of oral out-of-court evidence without affording the Applicant an opportunity to meet that evidence constituted a breach of natural justice. That defect could not appropriately be remedied by directing the Commissioner to cure the defect in the future under Rule 225H because the correct remedy in the circumstances is to quash the entire disciplinary findings and require the matter to be reheard de novo; remittal under the rule risked depriving the Applicant of appeal rights and treating him as bearing the burden of displacing an unfair d…