1 Feb 2007
RE KOON WING YEE
- Citation
- RE KOON WING YEE
- Court
- Court of First Instance
- Case number
- HCAL7/2007
The court held the delegation challenge fails because the Ordinance expressly empowers the Commission to delegate functions including forming the opinion to commence an investigation; disgorgement orders are restitutionary not penal and do not convert Tribunal proceedings into criminal proceedings; however the discrete Bill of Rights issue (whether statutory removal of the right to silence before the Tribunal breaches Art.11) raises a value judgment requiring fuller argument and leave to apply for judicial review on that limited issue is granted.