6 Jun 2016
CHEE FEI MING v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER
- Citation
- CHEE FEI MING v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV219/2014
The Court held that s104A, properly construed, can cover banners used in static demonstrations and the applicants' construction excluding such banners was not reasonably arguable; however the applicants established a reasonably arguable case that the approval regime under s104A may fail the "prescribed by law" requirement and raises arguable proportionality concerns because the statutory framework and Management Scheme did not on the material before the Court demonstrate sufficient legal certainty and accessible criteria for approval. The Court therefore refused leave on the original grounds…