10 May 2010
FOK CHUN WA AND ANOTHER v. THE HOSPITAL AUTHORITY AND ANOTHER
- Citation
- FOK CHUN WA AND ANOTHER v. THE HOSPITAL AUTHORITY AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV30/2009
Court held the residency/HKID criterion and the related fee measures pursued legitimate aims and were rationally connected and within the permissible policy margin, so the discrimination challenge to the 2003, 2005 and 2007 decisions failed; however the Authority unlawfully fettered its discretion by treating waiver requests as non-justiciable blanket refusals, so the refusals to waive fees in 2007 were quashed and remitted for fresh lawful consideration.