26 Mar 2003
HKSAR v. NGAN LUNG CAFé AND NOODLES RESTAURANT LTD
- Citation
- HKSAR v. NGAN LUNG CAFé AND NOODLES RESTAURANT LTD
- Court
- Court of First Instance
- Case number
- HCMA18/2003
The appeal was dismissed because (1) the reviewing magistrate lawfully exercised power under s104 to review and overturn the earlier decision; (2) the Director acted within the remit of s125 to suspend and cancel licences and the demerit points scheme, though administrative, was a reasonable method of enforcing the Ordinance and not Wednesbury‑irrational; and (3) the trial magistrate was not disqualified by awareness of prior convictions since a professional judge can disregard prejudicial material; therefore the convictions and fines were upheld.