Hong Kong Case Law: Decisions & Judgments

Topic

Undue concentration

Legal area

Court

26 Aug 2016

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD

Citation

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD
Court

Court of Appeal
Case number

CACV250/2015

Application for leave was refused because the applicant failed to identify any question of great general or public importance: the grounds before the Court were fact-sensitive and already addressed, the newly raised legal grounds were not pleaded earlier and thus inadmissible at this stage, and belatedly disclosed historical documents lacked explanation and could not be relied upon.
15 Jun 2016

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD

Citation

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD
Court

Court of Appeal
Case number

CACV250/2015

The Court held the Board properly exercised its appellate rehearing jurisdiction, lawfully adopted and affirmed the Public Officer's assessment, and reasonably concluded on the evidence (including locality maps showing five existing parlours within or around a practical 100 metre radius) that granting the licence would result in an undue concentration; the applicant's grounds failed to show illegality, irrationality or failure to take relevant considerations into account, so the appeal was dismissed.
7 Oct 2015

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD

Citation

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD
Court

Court of First Instance
Case number

HCAL18/2015

The judicial review is dismissed: the Board lawfully and reasonably confirmed the Public Officer's refusal to grant a mahjong licence. The 100m measure is a flexible administrative yardstick not a fixed legal requirement; the Board was entitled to adopt the Public Officer's findings, to take police input into account, and provided adequate reasons in context; there was no unlawful restriction of the Board's de novo appellate powers.
30 Mar 2001

LEUNG KAM YUNG IVY v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER

Citation

LEUNG KAM YUNG IVY v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER
Court

Court of First Instance
Case number

HCAL1986/2000

The Commissioner and the Appeals Board misinterpreted and misapplied the governing 1990 Policy by superimposing and relying on the term "cogent need", thereby elevating the criterion and fettering discretion; there was also a material factual misdirection regarding the circumstances of the applicant's surrender of the former premises and entitlement to sympathetic relocation consideration; accordingly the decisions were unlawful and must be quashed and remitted for reconsideration in accordance with the correct reading and application of the Policy.

Hong Kong Case Law

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD

LI WAI HUNG CESARIO v. ADMINISTRATIVE APPEALS BOARD

LEUNG KAM YUNG IVY v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AND ANOTHER