Hong Kong Case Law: Decisions & Judgments

Topic

Implied statutory powers

Legal area

Court

1 Dec 2021

CHAIRMAN AND DEPUTY CHAIRMAN OF THE PRELIMINARY INVESTIGATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG v. HOSPITAL AUTHORITY

Citation

[2021] HKCA 1793
Court

Court of Appeal
Case number

CACV185/2018

The Chairman of the PIC does not have a coercive power to compel third parties to produce medical records at the screening stage: such a power is not reasonably necessary within s40(1) IGCO nor properly implied at common law given the statutory scheme, the limited negative filtering role of the screener, and the express grant of compulsory powers to inquiry panels which indicates compulsion was reserved for the inquiry stage; accordingly the appeals were dismissed.
1 Dec 2021

CHAIRMAN AND DEPUTY CHAIRMAN OF THE PRELIMINARY INVESTIGATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG v. HOSPITAL AUTHORITY

Citation

[2021] HKCA 1793
Court

Court of Appeal
Case number

CACV184/2018

The Chairman does not have a statutory or implied common law power to compel the Hospital Authority to produce patient records at the preliminary screening stage; section 40(1) IGCO and common law implication do not support coercive powers for a limited screening role, and the statutory scheme (including express compulsion power for inquiry panels) demonstrates compulsion was intended to be reserved to later stages. Accordingly the mandatory injunction was refused and the appeals dismissed.
21 May 2015

MAN HING MEDICAL SUPPLIERS (INTERNATIONAL) LTD v. THE DIRECTOR OF HEALTH AND ANOTHER

Citation

MAN HING MEDICAL SUPPLIERS (INTERNATIONAL) LTD v. THE DIRECTOR OF HEALTH AND ANOTHER
Court

Court of First Instance
Case number

HCAL62/2014

The Director had no lawful power to instruct the applicant to recall the Products on 27 March 2014; no incidental power to order recalls could be implied under section 146(2) or Regulation 20(g) in the circumstances alleged (an implied recall power, if any, would be limited to identified pCms found dangerous, injurious to health or unfit for human consumption or with existing quality/efficacy/safety problems); the Director was not acting on behalf of the CMC/CMB in this instance; the Decisions are ultra vires and must be quashed.
23 Jan 2009

OCEAN TECHNOLOGY LTD t/a CITIZENS\' RADIO AND ANOTHER v. SECRETARY FOR JUSTICE

Citation

OCEAN TECHNOLOGY LTD t/a CITIZENS\' RADIO AND ANOTHER v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL17/2008

A magistrate has an implied power, and alternatively may rely on MO s.20(1), to suspend the effect of his determination that a law is unconstitutional pending appeal where necessary for the proper administration of justice; such suspensions are reviewable for reasonableness and proportionality.

Hong Kong Case Law

CHAIRMAN AND DEPUTY CHAIRMAN OF THE PRELIMINARY INVESTIGATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG v. HOSPITAL AUTHORITY

CHAIRMAN AND DEPUTY CHAIRMAN OF THE PRELIMINARY INVESTIGATION COMMITTEE OF THE MEDICAL COUNCIL OF HONG KONG v. HOSPITAL AUTHORITY

MAN HING MEDICAL SUPPLIERS (INTERNATIONAL) LTD v. THE DIRECTOR OF HEALTH AND ANOTHER

OCEAN TECHNOLOGY LTD t/a CITIZENS\' RADIO AND ANOTHER v. SECRETARY FOR JUSTICE