Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory review

Legal area

Court

9 Apr 2003

LI KAM PIU v. JARDINE AIR TERMINAL SERVICES LTD

Citation

LI KAM PIU v. JARDINE AIR TERMINAL SERVICES LTD
Court

District Court
Case number

DCEC11/2003

Section 19 does not empower the Court to review periodical payments in the absence of a prior agreement between the parties or a Court order fixing those payments; because there is no evidence of an agreement and no order, the summons under section 19 is inappropriate and must be dismissed; the respondent's remedy is to appeal the Board's certificate under section 18 or decide to stop payments and rely on medical evidence as defense to any prosecution.
22 Jan 1991

RE SEA DRAGON BILLIARD AND SNOOKER ASSOCIATION

Citation

RE SEA DRAGON BILLIARD AND SNOOKER ASSOCIATION
Court

Court of First Instance
Case number

HCMP2442/1990

The FHAN dated 22 October 1990 was quashed as ultra vires s.9(1) of the Fire Services Ordinance because the statute contemplates a fire hazard constituted by something in or on the premises capable of abatement and not merely the lawful commercial use of premises; the Applicant had a legitimate expectation to be consulted but, on the facts, the statutory review under s.125(9) was a fair hearing and cured any procedural defect and the licensing refusal was therefore dismissed on the merits.