16 Dec 2019
HUNG SHUI FUNG v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER
- Citation
- [2019] HKCA 1425
- Court
- Court of Appeal
- Case number
- CACV490/2018
The Court allowed the appeal, set aside the judge's finding that s104A failed the "prescribed by law" requirement and dismissed the judicial review applications: s104A, construed with the Management Scheme, statutory objectives and common law safeguards (including judicial review), provides sufficient foreseeability and protection against arbitrary interference; s104A applies to displays with a degree of permanence or habitual regularity; the Management Scheme's content criteria are sufficiently precise and content‑screening is permissible only to the extent necessary to the statutory aims; t…