17 Jan 2019
INTERUSH LTD AND ANOTHER v. THE COMMISSIONER OF POLICE AND OTHERS
- Citation
- [2019] HKCA 70
- Court
- Court of Appeal
- Case number
- CACV230/2015
The Court held that section 25 OSCO does not itself engage Articles 6/105 property rights but the practical effect of the s 25A consent/no‑consent regime engages property rights; however, the consent regime as applied in this case is not unconstitutional: the statutory scheme and Police procedures (including internal Manual safeguards and common law controls) are not 'manifestly without reasonable foundation' and the withholding of consent in the applicants' case was not Wednesbury unreasonable; the 'prescribed by law' argument was not permitted to be raised for the first time on appeal; the…