Hong Kong Case Law: Decisions & Judgments

Topic

Sub-delegation

Legal area

Court

13 Oct 2009

WISE UNION INDUSTRIES LTD v. HONG KONG SCIENCE AND TECHNOLOGY PARKS CORPORATION

Citation

WISE UNION INDUSTRIES LTD v. HONG KONG SCIENCE AND TECHNOLOGY PARKS CORPORATION
Court

Court of First Instance
Case number

HCAL12/2009

Wise Union: the Committee considered the application on its merits and did not unlawfully fetter its discretion; application dismissed. Champion City: the management unlawfully decided and communicated rejection without the Committee exercising its delegated discretion, constituting unauthorised sub‑delegation; declaration, certiorari and mandamus granted to require fresh consideration by the Committee.
4 Aug 2004

LEE KWOK HUNG v. DIRECTOR OF WATER SUPPLIES AND ANOTHER

Citation

LEE KWOK HUNG v. DIRECTOR OF WATER SUPPLIES AND ANOTHER
Court

Court of First Instance
Case number

HCAL131/2002

The court found the contemporaneous correspondence showed the 1st respondent himself decided to adopt the Commission's recommendation by about 11 April 2001, so there was no unlawful sub-delegation; further, s.18 PSO is a procedural consultation requirement and does not prevent the Commission from recommending a heavier punishment as advice; the Commission did not exceed its jurisdiction and the challenged decisions were lawful, so the judicial review application was dismissed.
8 Nov 1999

GIMEX DEVELOPMENT LTD v. CUA WAI TAI AND ANOTHER

Citation

GIMEX DEVELOPMENT LTD v. CUA WAI TAI AND ANOTHER
Court

Court of Appeal
Case number

CACV174/1999

By a majority the Court of Appeal held that, on the facts, the wife had, by acquiescence/ratification, adopted the purported disposal of her interest (having been aware of the disposal by her husband) and took no steps to disown it within a reasonable time; accordingly the court declared that the 2nd respondent no longer has an interest in the flat. The court also affirmed that estoppel alone would not have been sufficient to extinguish the proprietary right in the absence of the necessary elements (representation, reliance, detriment) and adequate evidence.
6 Dec 1993

Wong King Lung and Others v. Director of Immigration

Citation

Wong King Lung and Others v. Director of Immigration
Court

Court of First Instance
Case number

HCMP4151/1992

The Director of Immigration's discretion under ss.11(5A)(c) and 13 is wide and unfettered; judicial intervention is only warranted where the decision is illegal, irrational in the Wednesbury sense, or procedurally improper. The material showed the Director had considered the humanitarian submissions and lawfully balanced public interest factors; accordingly the leave for judicial review was set aside.

Hong Kong Case Law

WISE UNION INDUSTRIES LTD v. HONG KONG SCIENCE AND TECHNOLOGY PARKS CORPORATION

LEE KWOK HUNG v. DIRECTOR OF WATER SUPPLIES AND ANOTHER

GIMEX DEVELOPMENT LTD v. CUA WAI TAI AND ANOTHER

Wong King Lung and Others v. Director of Immigration