Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Regulation‑making power

Legal area

Court

10 May 1990

ATTORNEY GENERAL v. CHAN FOO

Citation

ATTORNEY GENERAL v. CHAN FOO
Court

Court of First Instance
Case number

HCMA1475/1989

The Governor‑in‑Council lacked power to impose licence 'conditions' other than by making regulations under s.3(1)(d) of the Miscellaneous Licences Ordinance; the so‑called 'special conditions' were in substance licence conditions/terms and therefore required to be made by regulation and not by executive approval, rendering the age‑exclusion condition ultra vires and not binding.
4 Dec 1989

ATTORNEY GENERAL v. CHEUNG KING-CHOW

Citation

ATTORNEY GENERAL v. CHEUNG KING-CHOW
Court

Court of First Instance
Case number

HCMA987/1989

The court held that Regulation 5(a) must be read in the context of the Ordinance as referring to wholesale selling/purchasing; accordingly it is intra vires s.4. Alternatively, if regarded ultra vires in its wider form, the court is entitled to read down/sever the provision to confine it to wholesale markets conducted by the Fish Marketing Organization to preserve valid operation.