22 Mar 2022
LANTAU INTERNATIONAL SCHOOL LTD v. SECRETARY FOR EDUCATION
- Citation
- [2022] HKCFI 774
- Court
- Court of First Instance
- Case number
- HCAL1143/2021
Court found EDB procedurally unfair and failed to give adequate reasons because it relied on an undisclosed 'Updated Situation' (Student Enrolment Survey 2020 data) which was material and adverse to LIS without giving LIS an opportunity to see or respond to it; however the territory-wide policy was not unlawfully rigid and the decision was not irrational on the merits; remedy was to quash the EDB refusal and remit the matter for fresh consideration with all updated materials available; costs awarded to applicant.