2 Sept 2015
LAU MAN WAI JOSEPH AND OTHERS v. CHEUNG SUN LING SANNY, THE ADMINISTRATRIX OF THE ESTATE OF KWAN YAU HANG, DECEASED AND OTHERS
- Citation
- LAU MAN WAI JOSEPH AND OTHERS v. CHEUNG SUN LING SANNY, THE ADMINISTRATRIX OF THE ESTATE OF KWAN YAU HANG, DECEASED AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2477/2011
The court found as facts there were no proper elections of councillors from 1998–2010; the Board acted ultra vires in imposing a retrospective 70% attendance threshold without lawful basis or reliable records; the Board lacked jurisdiction under Art 9.2 to expel the 22 Plaintiffs on the relied grounds (Memorandum objects, religious oaths or unpleaded rules) and, further, the expulsions were made in breach of natural justice; accordingly the 70% Attendance Resolution and the Termination Resolution are invalid and the expulsions unlawful.