Judicial Review in Hong Kong - Second Edition
Author(s): Richard Gordon QC, Johnny Mok SC
Publication Date: 26 June 2014
Judicial Review in Hong Kong, Second Edition is a clear and comprehensive exposition of the law and practice relating to judicial review in Hong Kong.
Judicial Review in Hong Kong - Second Edition is a clear and comprehensive exposition of the law and practice relating to judicial review in Hong Kong. Written by two practising members of the Bar (an English Queen's Counsel and a Hong Kong Senior Counsel) it takes account of the fast-moving changes that have taken place in Hong Kong and offers guidance on the practice of judicial review.
There have been a plethora of new decisions and, in particular, judicial review has seen an expansion due to judges applying the remedy to an increasing range of public bodies. The proliferation of constitutional challenges and developing principles relating to fundamental rights have also provoked reappraisal of the methods by which executive review is conducted as well as raising new and challenging issues for those practising and deciding cases in this field.
The historic relationship between the UK and Hong Kong judicial review remains important even though Hong Kong courts are reaching out to different jurisdictions and forging a unique and distinctive jurisprudence. Therefore this title continues the cross-fertilisation between Hong Kong and English practitioners. This title continues to be an invaluable tool for all practitioners and judges in this area of law.
Table of contents
1 Judicial Review - Nature and Scope of Judicial Review in Hong Kong and the Parties to Judicial Review Proceedings
2 Judicial Review Procedure
3 Judicial Review as an Exclusive Remedy - Procedural Exclusivity and its Exceptions
4 Grounds for Judicial Review
6 Legal Foundations of Fundamental Rights and Other Constitutional Protections in Hong Kong - the Bill of Rights and the Basic Law
7 The Content of Fundamental and Other Constitutional Rights in Hong Kong
8 The Doctrine of Proportionality in Constitutional and Fundamental Rights Challenges
9 Telecommunications and Competition
10 Criminal Judicial Review
11 Planning and the Environment
12 The Right of Abode and Rights of Residence
13 Public Procurement
14 Financial Regulation and Other Licensing Decisions
15 Limits of Judicial Review