Hong Kong Case Law: Decisions & Judgments

Topic

Renewal of licence

Legal area

Court

5 Dec 2013

MCGETTIGAN, BRIAN KEVIN v. MUNICIPAL SERVICES APPEAL BOARD (“MSAB”) AND ANOTHER

Citation

MCGETTIGAN, BRIAN KEVIN v. MUNICIPAL SERVICES APPEAL BOARD (“MSAB”) AND ANOTHER
Court

Court of First Instance
Case number

HCAL168/2013

Leave was granted because the applicants raised reasonably arguable grounds: potential failure by the MSAB to consider the licensee's performance during the 3‑month monitoring period, reliance on unsubstantiated complaints, inadequate and internally inconsistent reasons. The court has power to grant an interim stay under Order 53 r3(10)(a) and, accordingly, the MSAB interim renewal of 2 August 2013 was ordered to take effect pending final determination, subject to the stay being capable of being set aside.
8 Mar 2001

BASE TOP DEVELOPMENT LTD. v. COMMISSIONER OF POLICE

Citation

BASE TOP DEVELOPMENT LTD. v. COMMISSIONER OF POLICE
Court

Court of Appeal
Case number

CACV769/2000

The licence for a massage establishment is personal and lapses on the death of the licensee; consequently there is no 'existing' licence capable of transfer under MEO s9(2) or of amendment or substitution under IGCO s46, and s7(5) does not preserve the licence in the event of death; therefore the appeals fail.
19 Jan 1996

PO LING DISPENSARY v. PHARMACY AND POISONS BOARD

Citation

PO LING DISPENSARY v. PHARMACY AND POISONS BOARD
Court

Court of First Instance
Case number

HCMP1491/1995

The Board lawfully refused renewal because under s.13(4) it must be satisfied the applicant is a fit and proper person; repeated convictions bearing on fitness justified refusal; there was no inconsistency with the Disciplinary Committee's suspension because sanctions serve different purposes; legitimate expectation failed because the prior renewal resulted from the Board's improper failure to consider convictions and legitimate expectation cannot be founded on a breach of statutory duty; accordingly the appellant was not fit and the appeal was dismissed.
3 May 1994

TSUEN FAT FINANCE CO. LTD. v. VIRAT KANAIYALAL MEHTA AND OTHERS

Citation

TSUEN FAT FINANCE CO. LTD. v. VIRAT KANAIYALAL MEHTA AND OTHERS
Court

Court of First Instance
Case number

HCMP389/1994

The Licensing Court's factual findings that the director instructed debt collectors who used improper pressure, demanded excessive sums and that the director failed to control or investigate them established misconduct making him, in law, not a fit and proper person; however, the appellate court held that refusal to renew the licence was a disproportionate sanction in all the circumstances and therefore ordered renewal while endorsing the factual findings and public interest considerations.
27 Feb 1980

RE YEUNG CHOI WAN

Citation

RE YEUNG CHOI WAN
Court

Court of First Instance
Case number

HCMP762/1979

The Commissioner lawfully exercised discretionary power to refuse renewal: he properly notified the applicant of relevant police objections, afforded a fair opportunity to reply, considered the representations and reached a reasoned conclusion that the premises and management had not complied with licence conditions; legitimate expectation requires fair consideration not automatic renewal; delay beyond expiry does not invalidate a subsequent lawful decision; an orally imposed condition warned at interview was enforceable and its breach justified refusal to renew.
21 Nov 1977

NG KEE v. ATTORNEY GENERAL

Citation

NG KEE v. ATTORNEY GENERAL
Court

Court of Appeal
Case number

CACV8/1977

The Court held that refusal of the declaration solely on the basis of delay simpliciter was an error; delay must be coupled with prejudice or circumstances amounting to laches to justify withholding equitable declaratory relief, and because no prejudice to the respondent was shown and the delay was not pleaded, the declaration should be granted; furthermore a defendant cannot use regulatory changes made after writ to defeat the plaintiff's remedy.

Hong Kong Case Law

MCGETTIGAN, BRIAN KEVIN v. MUNICIPAL SERVICES APPEAL BOARD (“MSAB”) AND ANOTHER

BASE TOP DEVELOPMENT LTD. v. COMMISSIONER OF POLICE

PO LING DISPENSARY v. PHARMACY AND POISONS BOARD

TSUEN FAT FINANCE CO. LTD. v. VIRAT KANAIYALAL MEHTA AND OTHERS

RE YEUNG CHOI WAN

NG KEE v. ATTORNEY GENERAL