Hong Kong Case Law: Decisions & Judgments

Topic

Consultation

Legal area

Court

30 Dec 2020

LEUNG JANNELLE ROSALYNNE AND ANOTHER v. HOME AFFAIRS DEPARTMENT AND OTHERS

Citation

[2020] HKCFI 3150
Court

Court of First Instance
Case number

HCAL814/2020

The court applied the broad brush approach to summary costs assessment, found the claimed hours and staffing excessive and involving likely duplication given the straightforward nature of the leave application, and reduced the respondents' claimed costs to HK$100,000 for the 1st Putative Respondent and HK$120,000 for the 2nd and 3rd Putative Respondents, ordering the applicants to pay those amounts.
17 Nov 2015

TANG SHUK CHUN v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE

Citation

TANG SHUK CHUN v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE
Court

Court of First Instance
Case number

HCAL30/2015

The consultation obligation in M18/M29 does not mandate consultation only by a committee meeting convened under M29; what matters is that consultation is fair and adequate. On the facts the applicant attended and participated in the resumed meeting, the District Councillors chose not to return and were subsequently invited to comment, hence the consultation was fair and the director's decision to approve five change-of-trade applications was lawful.
9 Aug 2004

LAM YUET MEI v. PERMANENT SECRETARY FOR EDUCATION AND MANPOWER OF THE EDUCATION AND MANPOWER BUREAU

Citation

LAM YUET MEI v. PERMANENT SECRETARY FOR EDUCATION AND MANPOWER OF THE EDUCATION AND MANPOWER BUREAU
Court

Court of First Instance
Case number

HCAL36/2004

The court held that although the initial oral consultation before the July 2002 exclusion was inadequate, subsequent genuine opportunities to make representations cured the procedural defect and relief would be futile given later policy developments; the 27‑9‑02 letter constituted a clear and unambiguous representation that existing students could continue until graduation, but the applicant did not have knowledge of or rely on that letter so she could not establish the detrimental reliance necessary to enforce a personal substantive legitimate expectation, and thus the decision to cease gran…
9 Nov 1994

CALTEX OIL HONG KONG LTD. v. GOVERNOR IN COUNCIL

Citation

CALTEX OIL HONG KONG LTD. v. GOVERNOR IN COUNCIL
Court

Court of First Instance
Case number

HCMP1526/1994

Exco breached the rules of natural justice by failing to ensure members had the up‑to‑date technical and traffic information and the administration's responses so that Caltex's revised objections and rebuttals could be fairly considered; Caltex had a legitimate expectation that its updated materials would be considered and suffered serious prejudice, therefore certiorari must issue to quash the decision.

Hong Kong Case Law

LEUNG JANNELLE ROSALYNNE AND ANOTHER v. HOME AFFAIRS DEPARTMENT AND OTHERS

TANG SHUK CHUN v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE

LAM YUET MEI v. PERMANENT SECRETARY FOR EDUCATION AND MANPOWER OF THE EDUCATION AND MANPOWER BUREAU

CALTEX OIL HONG KONG LTD. v. GOVERNOR IN COUNCIL