Administrative Law

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
The Administrative Procedure Law of the People’s Republic of China 2014 (Administrative Procedure Law, also known as the Administrative Litigation Law (行政訴訟法)) is China’s framework for the judicial...
January 2015
Administrative law – Takeover and Mergers Panel – concurrent criminal proceedings against applicants arising out of same events – burden on applicants to prove real risk of injustice A was the...
January 2015
Administrative law — Director of Immigration — application for release from detention pending leave application for judicial review — unreasonable time taken for exercise of power under s. 36 — order...
August 2014
Fifteen years after the right of abode issue led to two landmark Court of Final Appeal (“CFA”) judgments, it now appears the Hong Kong education sector’s turn to handle the repercussions. One...
March 2014
China could grant its undersized environment ministry new powers over resources, possibly allowing it to veto future projects, and more muscle to punish polluters as part of a government shake-up to...
March 2014
In its "Initial Decision" No. 553 (22 January 2014), a US Securities and Exchange Commission (“SEC”) administrative law court decided that the Chinese affiliates of five international accounting...
March 2014
The head of China's parliament warned on Thursday that importing western-style democracy for a planned direct election in Hong Kong in 2017 could lead to "disastrous" results, a delegate who attended...
March 2014
Compensation for resumption of land — Lands Tribunal proper forum for resolving dispute on amount payable X was the former owner of part of a property which was resumed for redevelopment by the...
February 2014
Chinese companies are flocking to the US IPO market in their biggest numbers since 2010, drawn by soaring valuations for tech start-ups and undeterred by a flare-up in an accounting row between...
February 2014
Decision refusing to recommend to Chief Executive conversion of applicant’s mandatory life sentence into determinate one X was convicted of murder and given a mandatory life sentence in February...
February 2014