Re Tang Shuk Chun

CACV 52/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 52 OF 2013

(ON APPEAL FROM HCAL No. 18 of 2013)

________________________

BETWEEN

________________________

________________________

D E C I S I O N

________________________

1.The applicant applied for leave to commence judicial review against the decision of Director of Food and Environmental Hygiene (‘the Director’) who approved the applications to change the nature of trade in respect of eight market stalls in the Cheung Chau Market. The applicant has been an existing stall operator and contends that her business is affected by the change. Mimmie Chan J refused the application on paper. The applicant now appeals against the decision.

2.The applicant who then acted in person is now legally represented.  Based on the amendment to Form 86 which we have granted leave to amend, we are of the view that leave should be granted to the applicant to commence judicial review.  A reasonably arguable point has been raised as to whether the Director had properly applied the policy on consultation before approving the change. Accordingly the appeal is allowed.

Mr Hectar Pun, instructed by Mike So, Joseph Lau & Co., assigned by Director of Legal Aid, for the applicant