19 Aug 1992
RE CHEUNG WING KWAN AND OTHERS
- Citation
- RE CHEUNG WING KWAN AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV141/1991
By majority the Court held the Secretary's letters and the opportunity to make representations satisfied Regulation 59 and natural justice requirements; the undisclosed prosecutorial and DPP remarks did not add materially to the case the appellants had to meet and therefore nondisclosure did not render the process unfair; legitimate expectation argument failed because reinstatement did not amount to a promise to avoid retirement that could override the public interest discretion; appeals were dismissed (with an order nisi for costs). Dissenting judgment held nondisclosure of prosecutorial/DPP…