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…