6 Jun 2016
HUNG SHUI FUNG v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER
- Citation
- HUNG SHUI FUNG v. DIRECTOR OF FOOD AND ENVIRONMENTAL HYGIENE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV220/2014
Court refused leave on the grounds advanced before the judge (including the construction argument that s104A excludes demonstration banners) but granted leave to re-amend Form 86 and to apply for judicial review on two narrowly defined systemic grounds: (1) whether the approval scheme under s104A satisfies the 'prescribed by law' requirement (legal certainty and accessibility); and (2) whether the approval regime is proportionate in practice given the criteria and procedure for vetting applications; court held s104A applies to static/habitual displays with a degree of permanence, s104C is not…