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Vol 23 No 11 Nov/Dec 2018

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Administrative Law in Hong Kong (eBook)


ISBN13: 9781108244039
Published: October 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £29.00 + £5.80 VAT
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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