Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Tribunal impartiality

Legal area

Court

10 Apr 2019

YA v. TORTURE CLAIMS APPEAL BOARD / NON REFOULEMENT CLAIMS PEITION OFFICE

Citation

[2019] HKCFI 849
Court

Court of First Instance
Case number

HCAL1026/2017

The court applied the principle of tribunal neutrality: although the Board erred in treating the unsigned notice of appeal as a nullity and in refusing the late filing application, those errors did not meet the threshold of flagrant improper behaviour that would justify departing from the default rule; accordingly no order as to costs was appropriate against the Board.
11 Apr 1995

OTIS ELEVATOR CO. (HK) LTD. v. DIRECTOR OF ELECTRICAL AND MECHANICAL SERVICES

Citation

OTIS ELEVATOR CO. (HK) LTD. v. DIRECTOR OF ELECTRICAL AND MECHANICAL SERVICES
Court

Court of Appeal
Case number

CACV184/1994

The Court held that s11E(2)(d) is not necessarily inconsistent with Article 10 because the statutory scheme must be considered as a whole and an unrestricted right of appeal to the High Court for a full rehearing under s11I cures any institutional defect in the disciplinary board; the High Court judge erred in treating s11E(2)(d) as repealed; the appeal is allowed and the order quashing the board is discharged.