Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Notional tax and dividend budgeting
  • 11 Nov 2016

    PCCW HKT TELEPHONE LTD AND ANOTHER v. THE SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT AND OTHERS

    Citation
    PCCW HKT TELEPHONE LTD AND ANOTHER v. THE SECRETARY FOR COMMERCE AND ECONOMIC DEVELOPMENT AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV208/2015

    The application for leave to appeal was dismissed because the applicants failed to succinctly frame a question of great general or public importance under s.22(1)(b) CFAO, the questions they later formulated were academic given the court's assumption in their favour regarding past surplus and the respondents' reliance on future projections, and the Court will not interfere where the decision-maker properly considered past and future financial information and no public law vice was shown.

    • Trading funds ordinance s.6(6)
    • Licence fee setting
    • Notional tax and dividend budgeting
    • Leave to appeal procedure
    • Cost recovery principle
    • Standard of review