10 Feb 2006
CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER
- Citation
- CHEUNG HIN KWAN v. COMMISSIONER OF POLICE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV370/2004
The Court held the Police's decision to defer consideration of medical retirement until after disciplinary proceedings was not Wednesbury unreasonable given the strength and nature of the evidence and convictions of co-accused; the delay, though lengthy, did not render the disciplinary proceedings abusive or prejudicial to the applicant's ability to defend; prejudice to pension entitlement was remediable by the respondents' undertaking to backdate early retirement to the date applicant went on no-pay sick leave; appeal dismissed on that basis.