Administrative Law in Hong Kong

Presents a comprehensive new text on administrative law in Hong Kong; discusses judicial review, administrative tribunals, the Ombudsman and subsidiary legislation.

Stephen Thomson (Author)

9781108400329, Cambridge University Press

Paperback / softback, published 11 October 2018

420 pages, 3 tables
24.6 x 17.4 x 1.6 cm, 0.77 kg

'In his book Administrative Law in Hong Kong … Dr Stephen Thomson masterfully navigates the reader through these difficult waters with a writing style that displays passion and clarity in equal measure.' Peter Gregoire, Hong Kong Lawyer

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.

Foreword
Preface
Table of legislation
Table of international treaties and instruments
Table of cases
List of abbreviations
1. Introduction
Part I. The Constitutional and Administrative Context: 2. Governance and administration in Hong Kong
3. The constitutional foundation of judicial review in Hong Kong
Part II. Judicial Review: The Leave Stage: 4. The leave stage: principles and procedure
5. Delay
6. Standing
7. Judicial review and the public/private divide
8. Statutory exclusion of review, non-justiciability and variable intensity of review
9. Arguability and qualitative filtering
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
12. Improper purposes, improper motives and abuse of power
13. Relevance of considerations
14. Insufficient retention of discretion: unlawful delegation, divestiture and relinquishment
15. Fettering of discretion
16. Error of fact and error of law
17. Legitimate expectations
18. Unreasonableness and irrationality
19. Procedural fairness, procedural impropriety and natural justice
Part IV. Judicial Remedies, Non-Judicial Remedies and Subsidiary Legislation: 20. Remedies in judicial review
21. Administrative tribunals and administrative complaints
22. Other remedial mechanisms
23. Subsidiary legislation
Index.

Subject Areas: Constitutional & administrative law [LND], Law [L]