Administrative Law

Re Madbar Abdul Salam [2019] 3 HKLRD 725, [2019] HKCA 640 Court of Appeal Civil Appeal No 57 of 2019 Yeung ACJHC and Lisa Wong J 28 May, 4 June 2019 Administrative law — Torture Claims Appeal...
September 2019
Human rights — equality before the law — sexual offences involving male homosexual conduct — Crimes Ordinance (Cap. 200) ss. 118G, 118H, 118J(1) and 118K unconstitutional as discriminatory against...
September 2019
Administrative law — Independent Commission Against Corruption — decisions refusing criminal investigation of complaint and explanation for decision — refusal to grant leave to apply for judicial...
June 2019
Administrative law - Communications Authority - Director of Information Services Department - decisions directing TV and radio licensees to broadcast Government advertisements on electoral reform -...
February 2019
Lucien Masset v Secretary for Justice (for Director of Environmental Protection) [2018] 5 HKLRD 55 Court of First Instance Constitutional and Administrative Law List No 41 of...
January 2019
Administrative law — Commissioner for Correctional Services — standing order issued by Commissioner requiring male prisoners, but not female prisoners, to have their hair cut — not direct sexual...
July 2018
Town planning — Town Planning Board — decision rejecting application under s. 12A to rezone site from “open space” to “residential” — whether procedural irregularity by taking into account irrelevant...
March 2018
Administrative Appeals Board – appeal against decision of Director of Agriculture, Fisheries and Conservation refusing to register local fishing vessel – appeal by way of case stated as to proper...
December 2017
Appeal Panel (Housing) – decision upholding decision of Housing Authority to issue notice to quit – whether breach of Tameside duty to investigate by Appeal Panel (Housing) X was a tenant of a...
October 2017
Judicial review – costs – successful application for judicial review against President of Legislative Council by Chief Executive and Secretary for Justice – whether President not to bear costs on...
May 2017
Director of Immigration – Hong Kong Special Administrative Region Passports Appeal Board – decisions refusing application for Hong Kong Special Administrative Region passport on basis applicant not...
April 2017
Judicial review – role of inferior tribunal – whether should appear at judicial review application – whether “neutral” stance appropriate P brought proceedings claiming entitlement to the credit...
November 2016
Commissioner of Correctional Services – decision dismissing applicant without retirement benefits following disciplinary proceedings – whether erred in treating previous cases of disciplinary...
November 2016
Judicial review — dismissal by Chairman and Deputy Chairman of PIC of Medical Council of complaint against registered medical practitioner — whether PIC’s decision to refer complaint to Medical...
October 2016
Director of Immigration – decision to uphold removal order – no duty on Director to carry out fact-finding exercise regarding person’s identity – fairness only required provision of all relevant...
September 2016
Judicial review – withdrawal of application by consent – importance of complying with Practice Direction SL3 and need to consider public interest in light of subject matter of review The Bar...
January 2016
Commissioner of Police – refusal to disclose identities of police officers who allegedly assaulted applicant – whether jurisdiction to compel such disclosure to applicant X alleged that he was...
October 2015
Director of Public Prosecutions – decision not to prosecute alleged criminal offences – amenable to judicial review, but only in exceptional circumstances or where exceeded constitutional limits X...
October 2015
Decision ultra vires – Director of Health had no implied power under Chinese Medicine Ordinance (Cap. 549) to order recall of such products X was a licensed wholesaler of proprietary Chinese...
August 2015
Administrative law – duty to give reasons – claim for non-refoulement – Torture Claims Appeal Board – no statutory duty to give reason for preliminary decision under s. 37ZT – fairness required Board...
March 2015