28 Aug 2007
MANDY TAM HEUNG MAN v. THE HONG KONG INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
- Citation
- MANDY TAM HEUNG MAN v. THE HONG KONG INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
- Court
- Court of First Instance
- Case number
- HCAL9/2007
The Institute's decision to terminate distribution was unlawful and irrational because the Council took irrelevant considerations into account (punishing the applicant for political views and past disputes), failed to give proper weight to relevant considerations (the Institute register as the principal practical link to functional-constituency electors; the effectiveness of the disclaimer; long-standing practice), and wrongly relied on PDPO concerns; the decision is set aside and the status quo restored pending lawful reconsideration.