Administrative Law in Hong Kong
Cambridge University Press, 10/11/2018
EAN 9781108400329, ISBN10: 1108400329
Paperback, 424 pages, 24.6 x 18.9 x 2.4 cm
Language: English
Originally published in English
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.