Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of subordinate legislation

Legal area

Court

4 Jun 2019

SECRETARY FOR JUSTICE v. EXPAND SCAFFOLDING LIMITED

Citation

[2019] HKCFA 20
Court

Court of Final Appeal
Case number

FAMC8/2019

Regulation 38E must be read purposively to secure both the safe condition of scaffolds and the safety of scaffolders; 'immediate supervision' contemplates a competent person who is not actively engaged in the scaffold-erection work and who is free to supervise rather than a situation of workmen supervising each other; the point advanced by applicants was not reasonably arguable and leave to appeal was refused.
19 Nov 1999

LAM SIU TAI v. THE COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER

Citation

LAM SIU TAI v. THE COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER
Court

Court of First Instance
Case number

HCAL68/1999

The Prisons Ordinance s24(2) authorizes the Commissioner to delegate to senior officers and that specific delegation power indicates a contrary intention displacing IGCO s43(2); therefore the Commissioner should have delegated the hearing of the appeal rather than refer it to the Chief Executive. On review the Commissioner is limited to imposing only such punishments as the Superintendent could have imposed in the first instance (eg maximum one day's wage under r247), so the $20,000 fine was invalid and the Secretary's subsequent $5,000 substitution is also invalid; the impugned decisions are…