Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Tribunal composition

Legal area

Court

19 May 2005

SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS)

Citation

SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of Appeal
Case number

CACV254/2004

Applying the fair‑minded and informed observer test, the court concluded there was a real possibility of bias because the chairman, who had direct professional involvement with the Building Authority in related proceedings and gave directions and indulgences affecting the Authority in this appeal without disclosure, put himself in an untenable position; accordingly the tribunal's determination was quashed and the matter remitted for rehearing before a differently constituted tribunal.
22 Mar 1994

R. v. HUI SIU YAN, EDWARD AND OTHERS

Citation

R. v. HUI SIU YAN, EDWARD AND OTHERS
Court

Court of First Instance
Case number

HCOA4/1993

The Tribunal's factual finding that the evidence did not prove the accepted moral standards of the Swedish community was within its exclusive jurisdiction and not reviewable on sufficiency; in the absence of proved foreign standards the Tribunal properly applied Hong Kong standards; evidence of legality and availability is relevant but not determinative of moral acceptability.