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Administrative Law in Hong Kong (eBook)

Stephen Thomson

ISBN13: 9781108244039

Published: October 2018

Publisher: Cambridge University Press

Country of Publication: UK

Format: eBook (ePub)

Price: £40.99
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A new text providing 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, Commissions of Inquiry, the Legislative Council Redress System, 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 practitioners, academics and students with an interest in public law, governance and administration.

Provides the most comprehensive and up-to-date coverage of administrative law in the Hong Kong Special Administrative Region (HKSAR)
Shows how administrative law in the HKSAR relates to the rule of law, common law tradition and broader legal system, helping readers to understand administrative law in its broader context
Offers a complete overview with academic and practical analysis giving readers a thorough and balanced understanding of administrative law in the HKSAR

Subjects:: Other Jurisdictions , Hong Kong, eBooks

Contents:: 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