Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Scope of disciplinary powers

Legal area

Court

17 Dec 2004

TSANG HING SHING v. COMMISSIONER OF POLICE

Citation

TSANG HING SHING v. COMMISSIONER OF POLICE
Court

Court of Appeal
Case number

CACV192/2003

The FDO had no power to impose an Additional Award on a global/overall basis detached from a specific charge and, in any event, the power to suspend a dismissal under Regulation 28 is limited to punishments awarded by an AT; accordingly the Additional Award was quashed and the entire question of appropriate punishment was remitted to the FDO for reconsideration.
16 Jun 1995

A SOLICITOR v. LAW SOCIETY OF HONG KONG

Citation

A SOLICITOR v. LAW SOCIETY OF HONG KONG
Court

Court of Appeal
Case number

CACV40/1995

The presumption against retrospectivity applies; the 1992 amendments to s.10(2) did not clearly operate retrospectively, so the Tribunal erred in imposing a post-amendment practising restriction and a fine exceeding the pre-amendment maximum; the fine was reduced to the pre-amendment maximum ($50,000) and the practising-certificate restriction revoked.