21 May 2015
MAN HING MEDICAL SUPPLIERS (INTERNATIONAL) LTD v. THE DIRECTOR OF HEALTH AND ANOTHER
- Citation
- MAN HING MEDICAL SUPPLIERS (INTERNATIONAL) LTD v. THE DIRECTOR OF HEALTH AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL62/2014
The Director had no lawful power to instruct the applicant to recall the Products on 27 March 2014; no incidental power to order recalls could be implied under section 146(2) or Regulation 20(g) in the circumstances alleged (an implied recall power, if any, would be limited to identified pCms found dangerous, injurious to health or unfit for human consumption or with existing quality/efficacy/safety problems); the Director was not acting on behalf of the CMC/CMB in this instance; the Decisions are ultra vires and must be quashed.