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Hong Kong Case Law

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Administrative law TAN SHIH YING v. CITY UNIVERSITY OF HONG KONG

TAN SHIH YING v. CITY UNIVERSITY OF HONG KONG

The court held that a university’s non-renewal of a fixed-term employee’s contract, and its refusal to apply internal redundancy procedures, did not create a public law element for judicial review.

  • Judicial review amenability
  • Delegation of statutory powers
  • Procedural fairness
  • Redundancy procedures
  • Legitimate expectation
  • Res judicata
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Securities regulation KOON WING YEE v. THE SECURITIES & FUTURES COMMISSION

KOON WING YEE v. THE SECURITIES & FUTURES COMMISSION

The Court of Appeal dismissed a judicial review challenge to an SFC notice to attend interview, holding the case was premature and hypothetical.

  • Market misconduct tribunal
  • Right to silence
  • Privilege against self-incrimination
  • Judicial review
  • Prematurity doctrine
  • Delegation of statutory powers
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Constitutional law RE KOON WING YEE

RE KOON WING YEE

Leave for judicial review was granted on a limited Bill of Rights issue concerning compelled answers under the Securities and Futures Ordinance.

  • Delegation of statutory powers
  • Right to silence/self-incrimination
  • Market misconduct and disgorgement
  • Admissibility of compelled evidence
  • Statutory interpretation
  • Judicial review leave test
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Administrative law LAM SIU TAI v. THE COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER

LAM SIU TAI v. THE COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER

Judicial review of prison disciplinary appeal and review powers. The court held the Commissioner could delegate the appeal and that the increased fines were invalid.

  • Delegation of statutory powers
  • Appeal procedures
  • Judicial review
  • Natural justice/bias
  • Limits on punishment on review
  • Interpretation of subordinate legislation
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Immigration law RE TRAN QUOC CUONG AND ANOTHER

RE TRAN QUOC CUONG AND ANOTHER

Judicial review by two Vietnamese boat people over immigration detention, transfers and Stanley Prison designation was dismissed. The court held the statutory powers were lawfully exercised.

  • Detention of refugees
  • Designation of detention centres
  • Delegation of statutory powers
  • Ultra vires challenge
  • Abuse of process
  • Legitimate expectation
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Administrative law RE CHEUNG YUK-SAI

RE CHEUNG YUK-SAI

The High Court quashed and remitted an immigration appeal so the tribunal could decide whether delegation existed and whether permission to stay was granted.

  • Judicial review
  • Delegation of statutory powers
  • Interpretation and general clauses ordinance s.43
  • Remittal to tribunal
  • Leave to apply for judicial review
  • Judicial-review
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Housing law CHEUNG KWOK KUEN v. YOUNG TIN KIN

CHEUNG KWOK KUEN v. YOUNG TIN KIN

Court of Appeal dismissed a challenge to a hawker-cart seizure, holding that delegated authority under the Housing Ordinance was established by Gazette notice.

  • Delegation of statutory powers
  • Authority of public servants
  • Seizure of property
  • Hawker control
  • Housing ordinance s.24(1)(d)
  • Delegation-of-statutory-powers
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Administrative law RE Case No. C. 4127 of 1973

RE Case No. C. 4127 of 1973

The court held that a consent to prosecute signed under delegated authority remained valid after the Attorney General changed office, and granted certiorari and mandamus.

  • Delegation of statutory powers
  • Consent to prosecute
  • Interpretation of delegation provisions
  • Prevention of bribery ordinance s31
  • Legal officers ordinance s7
  • Interpretation and general clauses ordinance s43
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About this LexChat collection

Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.