15 Mar 2016
古思堯 v. 香港機場管理局 AND ANOTHER
- Citation
- 古思堯 v. 香港機場管理局 AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL104/2015
古思堯 v. 香港機場管理局 AND ANOTHER
Hong Kong Case Law
No levy without authority
15 Mar 2016
黃浩銘 v. 香港機場管理局 AND ANOTHER
- Citation
- 黃浩銘 v. 香港機場管理局 AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL102/2015
Leave to apply for judicial review was refused because AAHK has express statutory power under the Airport Authority Ordinance to determine and impose charges including the ACF; the ACF is within that statutory scheme and is not a levy requiring Legislative Council approval; the PRD shared use arrangement does not breach Article 130 as it involves limited technical delegation without derogation of sovereignty; and the financing proposals fall within AAHK's wide commercial discretion and do not raise reasonably arguable breaches of statutory prudence or other grounds for relief.
15 Mar 2016
HUI SIN HANG v. CHIEF EXECUTIVE IN COUNCIL
- Citation
- HUI SIN HANG v. CHIEF EXECUTIVE IN COUNCIL
- Court
- Court of First Instance
- Case number
- HCAL99/2015
AAHK was expressly empowered by the Airport Authority Ordinance (notably s5, s7 and s7(2)(i)) to determine charges and to take measures requisite or expedient to develop the airport, therefore the imposition of the ACF is within statutory authority and does not breach the no-levy‑without‑authority principle or Basic Law Article 73(3); the PRD shared use arrangement does not amount to relinquishment of Hong Kong's responsibility or sovereignty and thus does not breach Article 130; challenges to AAHK's financing and commercial decisions were not reasonably arguable and leave to apply for judici…