6 Jun 1994
Re OTIS ELEVATOR CO. (HK) LTD.
- Citation
- Re OTIS ELEVATOR CO. (HK) LTD.
- Court
- Court of First Instance
- Case number
- HCMP3609/1993
Section 11E(2)(d) of Cap.327, which provided that the Director or his representative shall be a member (and capable of being chairman) of the Disciplinary Board, is inconsistent with s.8 of the Hong Kong Bill of Rights because the Director is the accuser and his presence (or that of his representative) on the tribunal gives rise to a real possibility of bias; that provision is therefore deemed repealed from 6 June 1991 and the Disciplinary Board decision of 28 September 1993 was quashed as made by an invalidly constituted tribunal. The method of appointing panel members under s.8A was not con…