Hong Kong Case Law: Decisions & Judgments

Topic

Liquor licensing

Legal area

Court

14 Jul 2016

MARTNOK THANRADEE v. COMMISSIONER OF POLICEAND ANOTHER

Citation

MARTNOK THANRADEE v. COMMISSIONER OF POLICEAND ANOTHER
Court

Court of First Instance
Case number

HCA789/2011

On the facts and evidence the court found the police and prosecuting officers acted honestly within their statutory and prosecutorial powers, the prosecutions and arrest were supported by reasonable grounds and honest belief, there was no proved malice, fabrication or targeted abuse of power, and therefore the plaintiff failed to establish malicious prosecution, false imprisonment or misfeasance in public office; claims dismissed.
15 Aug 2014

ORRICO, PHILIPPE AND OTHERS v. MUNICIPAL SERVICES APPEALS BOARD AND ANOTHER

Citation

ORRICO, PHILIPPE AND OTHERS v. MUNICIPAL SERVICES APPEALS BOARD AND ANOTHER
Court

Court of First Instance
Case number

HCAL24/2014

MSAB's decision quashed because it failed to address the statutory criteria under regulation 17(2), materially misdescribed and misapplied facts about the locality, and provided inadequate reasons; matter remitted to a differently constituted MSAB and court directed MSAB to extend or grant an interim licence pending rehearing.
31 May 2012

ANDREW BRINE AND ANOTHER v. LIQUOR LICENSING BOARD

Citation

ANDREW BRINE AND ANOTHER v. LIQUOR LICENSING BOARD
Court

Court of First Instance
Case number

HCAL33/2012

MSAB's order that a 12‑month licence be issued operated from the date of the MSAB decision (27 February 2012); an off‑the‑record unilateral clarification by the chair not communicated with or heard against the affected parties is not binding as the board's decision; LLB must issue a transparent licence endorsed on its face exempting Condition 14 and valid for 12 months from 27 February 2012; damages for delay are not awarded absent evidence of misfeasance.
31 May 2012

LIQUOR LICENSING BOARD v. MUNICIPAL SERVICES APPEALS BOARD

Citation

LIQUOR LICENSING BOARD v. MUNICIPAL SERVICES APPEALS BOARD
Court

Court of First Instance
Case number

HCAL43/2012

The MSAB lawfully quashed the LLB's condition after applying the statutory licensing criteria; the MSAB's decision must be read to have granted a 12‑month licence commencing on the date of the MSAB decision (27 February 2012); the MSAB chairman's unilateral clarification made without hearing the applicants and without consulting other MSAB members had no binding effect; LLB must issue a facial licence complying with the MSAB decision; no damages for delay as no evidence of misfeasance.
6 Dec 2010

CHOW MARIO v. MUNICIPAL SERVICES APPEALS BOARD

Citation

CHOW MARIO v. MUNICIPAL SERVICES APPEALS BOARD
Court

Court of First Instance
Case number

HCAL31/2010

The Appeals Board's revocation of the licence was within the range of reasonable conclusions on the evidence before it (including uncontradicted statements about nighttime quiet), it had considered relevant factors (noise mitigation, police no objection, few complaints), and there is no legal duty to propose conditional grants; accordingly the judicial review application was refused and the Appeals Board's decision upheld.
18 Jan 1991

THE QUEEN v. WONG POON WAI AND OTHERS

Citation

THE QUEEN v. WONG POON WAI AND OTHERS
Court

Court of First Instance
Case number

HCMA1566/1990

Section 17(3B) of the Dutiable Commodities Ordinance, read with section 46 and the regulatory scheme, creates a strict liability offence in respect of the sale of liquor; persons who actually conduct a sale may be guilty as principals without proof of mens rea, while secondary parties (aiders and abettors) remain subject to the normal mens rea requirement; there was a prima facie case against the appellants and the matter is remitted to the Magistrate to allow the appellants to reopen their defences and for the Magistrate to determine who conducted the sale and the applicability of any licenc…
27 Apr 1984

TSANG OI MUI AND ANOTHER v. ATTORNEY GENERAL

Citation

TSANG OI MUI AND ANOTHER v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMA178/1984

Absence of the word "knowingly" does not automatically render the offence absolute; in the absence of clear statutory intention the presumption of mens rea applies and the statutory defence in s46A(2)(b) is available with the burden on the accused to prove on the balance of probabilities that he took all practicable steps to prevent the offence; accordingly the convictions could not stand on the record and must be quashed with a rehearing ordered.
23 Dec 1980

RE ROBERT STEER HUTHART

Citation

RE ROBERT STEER HUTHART
Court

Court of First Instance
Case number

HCMP1238/1980

The court held the Director had no jurisdiction to grant the temporary liquor licence sought: section 8 is purely procedural and does not create substantive power; section 7(1) must be read with reference to periods prescribed by regulations under section 6, and does not permit the Director to grant licences for indeterminate or ad hoc temporary periods; the Regulations vest issuing powers in the Liquor Licensing Board (and the Commissioner of Police for special occasions), so the Director's refusal was lawful and leave for judicial review was refused.