14 Oct 2011
KWOON CHUNG MOTORS COMPANY LIMITTED v. COMMISSIONER FOR TRANSPORT AND ANOTHER
- Citation
- KWOON CHUNG MOTORS COMPANY LIMITTED v. COMMISSIONER FOR TRANSPORT AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL11/2010
The court dismissed the judicial review. Condition 1 is properly construed to mean that operation on more than 2 days within any 30‑day period (whether intermittently or consecutively) triggers the requirement for the Commissioner's prior written approval; s.71 Cap 1 is inapplicable to licence conditions; and the Commissioner and the Tribunal were entitled to take into account previous breaches under the same or other passenger service licences when determining the appropriate sanction under s.31 RTO. Therefore the impugned decisions were lawful and not ultra vires.