1. THIS GUIDE
1.1 |
THE NATURE OF JUDICIAL REVIEW |
1.2 |
STATISTICS |
1.3 |
THE FOUNDATIONS OF JUDICIAL REVIEW |
1.4 |
REVIEW AND APPEAL |
1.5 |
JUDICIAL REVIEW AND GOOD GOVERNANCE |
1.6 |
ROLE OF THE COURT |
1.7 |
GROUNDS FOR JUDICIAL REVIEW: AN OVERVIEW |
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2. IS JUDICIAL REVIEW AVAILABLE
2.1 |
CONSTITUTIONAL LIMITS ON JUDICIAL REVIEW |
2.2 |
PROCEDURAL EXCLUSIVITY |
2.3 |
TIMING |
2.4 |
SUBJECT MATTER OF CHALLENGE |
2.5 |
ALTERNATIVE REMEDY |
2.6 |
OUSTER CLAUSE |
2.7 |
STANDING OF APPLICANT |
2.8 |
HYPOTHETICAL OR ACADEMIC QUESTION |
2.9 |
FACTUAL DISPUTES |
2.10 |
PREVENTION OF ABUSE |
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3. ILLEGALITY
3.1 |
STATUTORY INTERPRETATION |
3.2 |
EXERCISE OF DISCRETION |
3.3 |
GROUNDS OF ILLEGALITY |
3.4 |
ESTOPPEL, WAIVER, CONSENT AND DISCRETION |
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4. IRRATIONALITY
4.1 |
WEDNESBURY UNREASONABLENESS |
4.2 |
PROPORTIONALITY AND FUNDAMENTAL RIGHTS |
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5. PROCEDURAL IMPROPRIETY
5.1 |
NATURAL JUSTICE |
5.2 |
RIGHT TO A FAIR HEARING |
5.3 |
RULE AGAINST BIAS, THE REQUIREMENT OF IMPARTIALITY AND INDEPENDENCE |
5.4 |
PROTECTION OF LEGITIMATE EXPECTATIONS |
5.5 |
EXCLUSION OF NATURAL JUSTICE |
5.6 |
DUTY TO GIVE REASONS |
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6. CONSTITUTIONAL CHALLENGE
6.1 |
THE NATURE OF CONSTITUTIONAL CHALLENGE |
6.2 |
THE NATURE OF THE BASIC LAW |
6.3 |
THE INTERPRETATION OF THE BASIC LAW |
6.4 |
THE EFFECT OF INTERPRETATION OF THE BASIC LAW BY SCNPC |
6.5 |
PROVISIONS OF THE ICCPR AS APPLIED TO HONG KONG |
6.6 |
THE PROPORTIONALITY TEST APPLIED IN CONSTITUTIONAL CHALLENGES |
6.7 |
MARGIN OF DISCRETION |
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7. THE PROCESS OF JUDICIAL REVIEW
7.1 |
APPLICATION FOR LEAVE |
7.2 |
GRANT OF LEAVE |
7.3 |
INTERIM RELIEF |
7.4 |
FILING SUBSTANTIVE APPLICATION |
7.5 |
RESPONDENT AND THE DUTY OF CANDOUR |
7.6 |
SUBSTANTIVE HEARING |
7.7 |
RELIEF (OTHER THAN DAMAGES) |
7.8 |
DAMAGES |
7.9 |
COSTS |
7.10 |
APPEAL |
7.11 |
INTERVENTION |
7.12 |
CASE MANAGEMENT |
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8. JUDICIAL REVIEW IN IMMIGRATION CONTEXT (IMMIGRATION MATTERS)
8.1 |
OVERVIEW |
8.2 |
RIGHT OF ABODE (“ROA”) |
8.3 |
OTHER FUNDAMENTAL RIGHTS |
8.4 |
NON-REFOULEMENT CLAIMS |
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9. JUDICIAL REVIEW IN LAND, ENVIRONMENTAL, PLANNING AND BUILDING CONTEXT
9.1 |
INTRODUCTION |
9.2 |
JUDICIAL REVIEW CONCERNING LAND MATTERS |
9.3 |
ENVIRONMENTAL CHALLENGES |
9.4 |
PLANNING CASES |
9.5 |
BUILDING CASES |
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10. OTHER REMEDIES
10.1 |
HABEAS CORPUS |
10.2 |
PRIVATE LAW ACTIONS FOR DAMAGES |
10.3 |
ALTERNATIVE DISPUTE RESOLUTION |
10.4 |
THE OMBUDSMAN |
10.5 |
THE PRIVACY COMMISSIONER FOR PERSONAL DATA |
10.6 |
ADMINISTRATIVE APPEALS BOARD AND OTHER TRIBUNAL AND APPEALS BOARD |
10.7 |
INQUIRIES |
10.8 |
REMEDIES UNDER THE HONG KONG BILL OF RIGHTS ORDINANCE |
10.9 |
EX GRATIA COMPENSATION |
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ANNEX I. JUDICIAL REVIEW FLOWCHARTS |
ANNEX II. QUESTIONS TO ASK YOURSELF AS A DECISION-MAKER |
ANNEX III. GLOSSARY |