Judicial Review in Hong Kong

There seems to be an ever-increasing number of judicial reviews of government decisions, many of them high profile and newsworthy. What is the scope of judicial review and the process involved? Under what circumstances will the Court quash decisions made by government and public bodies? This course will provide a comprehensive review of the procedural and substantive issues associated with judicial review in HK.

Detailed Information

Highlights of the course include:

  • Scope of judicial review: O53
  • Targets for review:   When should a judicial review be sought and against who?
  • Appeal against decision vs. seeking judicial review?
  • An overview of the basic grounds of challenge: illegality, irrationality and procedural unfairness; together with Basic Law challenges
  • Leave applications:
    • threshold for granting leave
    • applicant to show sufficient interest
    • concurrent application for alternative remedy
    • procedure and documentation involved
    • time limits/delay in applying
    • appeal against refusal to grant leave
  • Preparing for substantive hearing
  • Some common decision making situations and errors
  • Usual relief and costs orders
  • Recent judicial review cases

Registration Conditions

To view our registration conditions click HERE.