24 Nov 2009
TSE HUNG HING v. THE MEDICAL COUNCIL OF HONG KONG AND OTHERS
- Citation
- TSE HUNG HING v. THE MEDICAL COUNCIL OF HONG KONG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAL84/2009
Section 4(2)(b) is an indiscriminate blanket disqualification that fails the reasonableness and proportionality requirements under Article 21 HKBOR (as applied by Article 39 Basic Law); because the Council's 2 July 2009 motion was substantially influenced by the application of that invalid provision the motion is quashed and the applicant is restored as lawfully elected.
- Disqualification from office
- Freedom to participate in public affairs
- Proportionality
- Judicial review
- Certiorari