30 Mar 2001
LEUNG KAM YUNG IVY v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER
- Citation
- LEUNG KAM YUNG IVY v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL1986/2000
The Commissioner and the Appeals Board misinterpreted and misapplied the governing 1990 Policy by superimposing and relying on the term "cogent need", thereby elevating the criterion and fettering discretion; there was also a material factual misdirection regarding the circumstances of the applicant's surrender of the former premises and entitlement to sympathetic relocation consideration; accordingly the decisions were unlawful and must be quashed and remitted for reconsideration in accordance with the correct reading and application of the Policy.