Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Internal appeal procedures

Legal area

Court

2 Sept 2015

TONG CUN MING AND OTHERS v. CHEUNG SUN LING SANNY, THE ADMINISTRATRIX OF THE ESTATE OF KWAN YAU HANG, DECEASED AND OTHERS

Citation

TONG CUN MING AND OTHERS v. CHEUNG SUN LING SANNY, THE ADMINISTRATRIX OF THE ESTATE OF KWAN YAU HANG, DECEASED AND OTHERS
Court

Court of First Instance
Case number

HCMP143/2011

The court held that the Board acted ultra vires in imposing the 70% attendance rule and that the Termination Resolution expelling 22 members was unlawful because (1) the Board was not properly constituted at relevant times, (2) there was no proper jurisdictional basis under Article 9.2 to expel on the grounds relied upon, and (3) the expulsions were effected in breach of natural justice.
18 Feb 2013

DR TSE WING LING JOHN v. CITY UNIVERSITY OF HONG KONG

Citation

DR TSE WING LING JOHN v. CITY UNIVERSITY OF HONG KONG
Court

Court of First Instance
Case number

HCAL43/2011

The Council failed to perform its statutory duty to establish and approve terms and conditions for the class of Residence Masters, so the position was not lawfully established prior to 2011; however the contested decisions by the Selection Committee, Vice‑President (Student Affairs) and President were domestic employment matters lacking a public law element, the President had validly delegated appointment powers in writing to the Vice‑President (Student Affairs), and therefore the applicants were not entitled to judicial review remedies; both applications are dismissed.