15 Mar 2007
MEN’S HEALTH SOLUTION LTD v. DEPARTMENT OF HEALTH OF THE GOVERNMENT OF HKSAR
- Citation
- MEN’S HEALTH SOLUTION LTD v. DEPARTMENT OF HEALTH OF THE GOVERNMENT OF HKSAR
- Court
- Court of First Instance
- Case number
- HCAL94/2006
The court declined to entertain the constitutional and vagueness challenges to s.3 at this preliminary supervisory stage because the matters involve mixed questions of fact and law to be determined at the criminal trial; the Department's conduct in issuing a warning reserving the right to prosecute without further notice was not unfair and the decision to recommend prosecution was not unlawful or Wednesbury unreasonable; application for judicial review dismissed and costs ordered.