Administrative Law in Hong Kong 1st edition by Stephen 1108245749 9781108245746

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ISBN-10 ‏ : ‎1108245749 

ISBN-13 ‏ : ‎ 9781108245746

Author:  Stephen Thomson

This new text provides the most comprehensive and up-to-date coverage of administrative law in Hong Kong. It includes original commentary on judicial review, administrative tribunals, the Ombudsman, the Legislative Council Redress System, Commissions of Inquiry, the Independent Commission Against Corruption, the Equal Opportunities Commission, the Privacy Commissioner for Personal Data, the Audit Commission, subsidiary legislation and more. Drawing on law, policy and practice, it offers detailed analysis while maintaining accessibility, charting developments as Hong Kong continues to evolve as a Special Administrative Region of the People’s Republic of China. Administrative Law in Hong Kong is essential reading for judges, practitioners, policymakers, academics, students and commentators with an interest in public law, governance and administration.

 

Administrative Law in Hong Kong 1st Table of contents:

1 Introduction

Part I The Constitutional and Administrative Context

2 Governance and Administration in Hong Kong

Central Government

Chief Executive

Executive Council and Chief Executive-in-Council

Civil Service

Local Government

District Councils

Rural Committees

Heung Yee Kuk

Mainland Affairs in Hong Kong

Hong Kong Affairs in the Mainland

Licensing, Permits and Certification

Public Procurement and Tendering

3 The Constitutional Foundation of Judicial Review in Hong Kong

Constitutional Foundation under UK Sovereignty

Constitutional Foundation under PRC Sovereignty

PRC Constitution and the Basic Law

Judicial Review and ‘‘One Country, Two Systems’’

Common Law and the Rule of Law

Legislative Supremacy

Constitutional Review, Administrative Review and Human Rights

Part II Judicial Review: The Leave Stage

4 The Leave Stage: Principles and Procedure

5 Delay

Promptness

Reasons Justifying Extension of Time

No Substantial Hardship, Prejudice or Detriment

6 Standing

Personal Standing

Representative Standing

7 Judicial Review and the Public/Private Divide

Requirement for a Sufficient Public Element

Collateral challenge

Collateral defence

Collateral attack

Consent of the Parties

Definitional Problems: The Concept of Publicness

8 Statutory Exclusion of Review, Non-Justiciability and Variable Intensity of Review

Statutory Exclusion of Review

Statutory Limitation of Review

Time-Limited Ouster

Partial Ouster

Non-Justiciability

Variable Intensity of Review

Deference

9 Arguability and Qualitative Filtering

Threshold

Issues Raised by Arguability Threshold

Part III The Grounds of Judicial Review

10 Overview of the Grounds of Judicial Review

11 Excess of Power, the Limits of Discretionary Power and Non-Compliance with Statute

Authority and Agency

Ancillary and Implied Powers

Effect of Non-Compliance with Statutory Requirements

Estoppel, Acquiescence, Waiver and Consent

Res judicata: Cause of Action Estoppel

Ambiguity and Uncertainty as a Ground of Judicial Review

12 Improper Purposes, Improper Motives and Abuse of Power

Multiple Purposes or Motives

Abuse of Power and Misuse of Power

13 Relevance of Considerations

Insufficiently Relevant Considerations

Relevant Considerations

Failure to Take into Account a Relevant Consideration

Intensity of Review if Relevant Consideration Taken into Account

14 Insufficient Retention of Discretion: Unlawful Delegation, Divestiture and Relinquishment

Unlawful Delegation

Carltona Principle

Status of Delegator and Delegate

Nature of Delegated Power

Agency and Delegation

Divestiture and Relinquishment

15 Fettering of Discretion

Obligation to Decide

Obligation to Decide with a Sufficiently Open Mind

Unlawful Policies

Unlawful Application of Lawful Policies

Fettering Discretion through Contract

16 Error of Fact and Error of Law

Error of Fact

Jurisdictional Error of Fact

Non-Jurisdictional Error of Fact

Admission of Fresh Evidence

Error of Law

Distinction between Error of Fact and Error of Law

17 Legitimate Expectations

Representation Made by a Public Body

Knowledge and Reliance

Legitimacy of Expectation

Body Failed to Take into Account Legitimate Expectation as a Relevant Consideration

Overriding Policy Considerations

Judicial Protection of Legitimate Expectations

Procedural and Substantive Expectations

Ultra vires Representations and Legitimate Expectations

Legitimate Expectations and Other Grounds of Review

18 Unreasonableness and Irrationality

Standard of Review: Wednesbury Unreasonableness

Substantive Review

Procedural Review

Intensity of Review

Lower Intensity of Review

Higher Intensity of Review

Intensity of Review and the Wider Political Context

Unreasonableness vs. Irrationality

Role of Reasons

19 Procedural Fairness, Procedural Impropriety and Natural Justice

Right to a Fair Hearing

Right to Be Legally Represented

Duty of Disclosure

Duty to Give Adequate Reasons

Bias and Insufficient Impartiality

Part IV Judicial Remedies, Non-Judicial Remedies and Subsidiary Legislation

20 Remedies in Judicial Review

Certiorari

Prohibition

Mandamus

Declaration

Temporal Limitation of a Declaration

Injunction

Damages, Restitution and Recovery of a Sum Due

Discretionary Nature of Remedies

Availability of Alternative Remedies and Appeals Mechanisms

Application Is Premature

Delay

Waiver and Acquiescence

Applicant Undeserving of Remedy

Futility or No Prejudice

Inevitability

Judicial Review Proceedings Continued as though Begun by Writ

21 Administrative Tribunals and Administrative Complaints

Administrative Tribunals

Appeals Boards

Composition

Powers and Procedure

Appeals to the Chief Executive and Chief Executive-in-Council

Ombudsman

Relationship with Judicial Review

Effectiveness of the Ombudsman

Legislative Council Redress System

22 Other Remedial Mechanisms

Commissions of Inquiry

Independent Commission Against Corruption

Equal Opportunities Commission

Privacy Commissioner for Personal Data

Audit Commission

23 Subsidiary Legislation

 

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