Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Motive v purpose
  • 7 May 2010

    LO HOM CHAU v. DIRECTOR OF MARINE

    Citation
    LO HOM CHAU v. DIRECTOR OF MARINE
    Court
    Court of First Instance
    Case number
    HCAL59/2009

    The court held the Director lawfully concluded the proposed voyage would not be used exclusively for fishing because asserting sovereignty by demonstration (even where taking the form of fishing) constituted the purpose of the voyage not merely its motive; safety concerns were properly considered in the context of the threatened contraventions of s5(2) and s5(3); accordingly the direction under s64(1)(a) to refuse permission was lawful and judicial review failed.