18 Jul 2003
SZE HEI FA HELENA v. CHINESE MEDICINE PRACTITIONERS BOARD OF THE CHINESE MEDICINE COUNCIL OF HONG KONG
- Citation
- SZE HEI FA HELENA v. CHINESE MEDICINE PRACTITIONERS BOARD OF THE CHINESE MEDICINE COUNCIL OF HONG KONG
- Court
- Court of First Instance
- Case number
- HCAL10/2003
The Board's section 92 assessment was a preliminary step in the statutory process leading to a discretionary registration decision under s69; because it formed part of a discretionary conferral of benefit rather than a determination of a pre-existing legal right, the Board possessed power to revisit and re-determine an assessment if it was based on a genuine and material mistake of fact or mixed law and fact; the Board's refusal to consider the Applicant's alleged mistake was unlawful and was quashed with a mandatory order to reconsider.