Read the full judgment text of CACV 000035/1997 on BabelCite. This Court of Appeal judgment was delivered on 25 September 1997 before Power, Acting Chief Judge, Godfrey, J.A. and Gall, J..
Administrative law – judicial review – hotel licensing – Hotel and Guest House Accommodation Ordinance, Cap. 349 – s.19 direction to provide/extend sprinkler heads – Secretary for Home Affairs changes original assessment that sprinklers were not required – Policy Guidelines negotiated with the industry giving rise to legitimate expectation that no new conditions would be imposed unless building layout or use or facilities are materially changed or a threat to safety is apparent – whether the Secretary had material upon which he could rationally form the view that a threat to safety had become apparent – function of the court on judicial review is not to weigh competing expert evidence but to decide whether there was material before the decision-maker supporting his conclusion – Fire Services Ordinance, Cap. 95 s.9(1)(a) fire hazard abatement notice – Hotel and Guest House Accommodation Ordinance, Cap. 349 ss.8(2), 8(3)(a)(ii), 10 and 19 – unauthorised building works on 16th floor leaving corridor below unprotected by existing sprinklers – internal memorandum of the Fire Services Department recording re-assessment – applicant had been prominent in negotiating Policy Guidelines through its chairman Mr. Lee Tak Samuel – judge below erred by comparing evidence of Mr. Lam (Chief Fire Officer) and Dr. Smith (London fire engineering consultant) and preferring Dr. Smith, and by concluding that Mr. Lam's evidence ought to be disregarded – appeal allowed – order of Jerome Chan J. quashing the s.19 notice set aside.
Legal issues: Scope of judicial review where Secretary changes assessment after issuing a hotel licence
Outcome: Appeal allowed; the order of Jerome Chan J. quashing the s.19 notice is set aside.