15 Dec 2003
SECRETARY FOR JUSTICE v. PENTA-OCEAN CONSTRUCTION CO LTD AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. PENTA-OCEAN CONSTRUCTION CO LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1440/2003
The Review Body/Panel is not an inferior tribunal recognised by law for the purposes of Order 38 r19 because, although it is quasi-judicial and derives authority from administrative regulations and WTO GPA obligations, its rules only permit non-binding recommendations without any mechanism or sanction to give effect to those recommendations; therefore the court had no jurisdiction to issue the subpoena. Alternatively, the subpoena was premature and an abuse of process and would have been set aside; costs awarded to the Applicant on the standard basis.