Hong Kong Case Law: Decisions & Judgments

Topic

Licensing conditions

Legal area

Court

15 Jan 2009

GURUNG TIKA MAYA v. THE COMMISSIONER OF POLICE

Citation

GURUNG TIKA MAYA v. THE COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL143/2008

Leave to apply for judicial review was refused because the applicant failed to demonstrate an arguable case with a reasonable prospect of success: the court will not decide abstractly on the evidential weight of the police warning letters or substitute its assessment for the police's administrative judgment, criminal evidential standards are inapposite to administrative warning letters, and no procedural unfairness requiring intervention was established.
8 Sept 2004

JAW SIU WAH t/a WILLIAM TRADING CO v. KOWLOON-CANTON RAILWAY CORPORATION

Citation

JAW SIU WAH t/a WILLIAM TRADING CO v. KOWLOON-CANTON RAILWAY CORPORATION
Court

Court of Appeal
Case number

CACV326/2003

The purchaser became the owner of the buses upon successful bid and payment; the non-transferability of passenger service licences under the Road Traffic Ordinance did not negate transfer of ownership and did not impose upon the vendor an obligation to procure licences or advise on statutory licensing restrictions; therefore the appeal was dismissed and the trial judge's dismissal of the plaintiff's claim and the defendant's successful counterclaim were upheld.
20 May 2003

HKSAR v. FOK WAI MAN

Citation

HKSAR v. FOK WAI MAN
Court

Court of First Instance
Case number

HCMA393/2003

Appeal allowed because the magistrate erred in treating the recorded conversations as sufficient proof of 'vice or immoral activities' and in finding that the appellant failed to establish the statutory defence under section 13(2); practically, the appellant could not have reasonably prevented the masseuses' conversational responses to undercover customers without effectively shutting the business, so conviction could not be sustained.
24 Jan 2003

WONG KAM KUEN v. THE COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER

Citation

WONG KAM KUEN v. THE COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER
Court

Court of First Instance
Case number

HCAL150/2002

The Commissioner lacked statutory power under the AGC Ordinance to impose a general content‑based censorship that wholly prohibits games for persons aged 16 or over; where obscenity or indecency is alleged the matter falls within the exclusive jurisdiction of the Obscene Articles Tribunal under the COIA Ordinance and cannot be bypassed by licence conditions; the Appeal Board erred in placing the burden of proof on the applicant; therefore the suspension and the Appeal Board decision are unlawful and must be quashed and remitted for reconsideration in accordance with law.
9 Mar 2001

YIP BUN KEUNG v. HKSAR

Citation

YIP BUN KEUNG v. HKSAR
Court

Court of Final Appeal
Case number

FAMC3/2001

The application for extension of time to seek leave to appeal was refused because the magistrate's reference to s.46A was unnecessary: there was ample evidence to infer the applicant's actual knowledge of and permission for prohibited sexual activity in breach of licence condition clause 7 and clause 4 imposed a personal duty to supervise, so the magistrate was entitled to find there was a case to answer and convict; the issues were case-specific and not fit for certification to the Court of Final Appeal.
4 Oct 2000

HKSAR v. WONG TAI CHUNG

Citation

HKSAR v. WONG TAI CHUNG
Court

Court of First Instance
Case number

HCMA570/1999

The appeal was dismissed because the charge was not vitiated by the absence of a precise citation of the licensing condition and the Magistrate, properly applying the law on strict liability and s.13(2), was entitled to find the Appellant had not proved the statutory defence based on credibility findings and the evidence of undercover services and prior warnings.
1 Aug 1990

THE QUEEN v. LAI HON CHUNG AND OTHERS

Citation

THE QUEEN v. LAI HON CHUNG AND OTHERS
Court

Court of First Instance
Case number

HCMA827/1990

The Magistrate was entitled to accept the customer's evidence, read with the surrounding circumstances, to infer that massage services occurred after the permitted closing time; circumstantial evidence combined with direct testimony met the prosecution's burden beyond reasonable doubt, so the convictions were properly sustained.
12 Jul 1989

ATTORNEY GENERAT v. CHAN FOO

Citation

ATTORNEY GENERAT v. CHAN FOO
Court

Court of First Instance
Case number

HCMA733/1988

The Court admitted the Clerk of Councils' affidavit showing Governor in Council approval of a set of special conditions including the disputed prohibition and, because that fresh evidence changed the legal basis of the magistrate's decision, remitted Chan Foo's case to the Magistrate to re-open and re-consider in light of the new evidence; in the second appeal the Crown elected not to proceed because the condition relied on was not among those shown to be approved, so that appeal was dismissed; costs were taxed against the Crown for the hearings before the Court of Appeal and Duffy J. where C…
12 Jul 1989

ATTORNEY GENERAT v. YUNG HON PIU

Citation

ATTORNEY GENERAT v. YUNG HON PIU
Court

Court of First Instance
Case number

HCMA1347/1988

Where the appellate court admits evidence that the Governor in Council approved specific standard licence conditions, the proper course is to remit the matter to the magistrate to re-open and re-consider the charges in light of that evidence; where the Crown declines to pursue an appeal because the challenged condition was not shown to be approved, the appeal is dismissed. Costs are taxed against the Crown when its conduct necessitates further proceedings.