Presents a comprehensive new text on administrative law in Hong Kong; discusses judicial review, administrative tribunals, the Ombudsman and subsidiary legislation.
Presents a comprehensive new text on administrative law in Hong Kong; discusses judicial review, administrative tribunals, the Ombudsman and subsidiary legislation.
Stephen Thomson is an associate professor of law at City University of Hong Kong. He is a legal adviser to the Ombudsman of Hong Kong, a member of the Constitutional Affairs and Human Rights Committee of the Law Society of Hong Kong and an examiner on the Overseas Lawyers Qualification Examination. His work on administrative law has appeared in a number of leading law journals. Dr Thomson has also written the first and only text on the nobile officium, the extraordinary equitable jurisdiction of the Supreme Courts of Scotland, cited with approval by the Inner House of the Court of Session and the Scottish Land Court. He also advised the Scottish judiciary on reform of civil procedure, his report being appended to a proposal for legislative reform.
Inhaltsangabe
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.
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.
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