Judgment Reviews Law at Hong Kong
In Hong Kong, judicial review serves as a vital mechanism for ensuring that public authorities act within their legal boundaries and uphold the rule of law. Here's an overview of how judgment reviews operate within the region's legal framework:
🧾 What Is Judicial Review in Hong Kong?
Judicial review in Hong Kong allows individuals to challenge public decisions or actions that they believe are unlawful It is distinct from an appeal, as it focuses on the legality of a decision rather than its merits The primary purpose is to ensure that public bodies exercise their powers correctly and fairl
⚖️ Legal Framework
The process is governed by
Order 53 of the Rules of the High Court:This sets out the procedures for applying for judicial review
Practice Direction SL3:Issued by the Chief Judge, it provides guidance on the management of judicial review cases
📝 Procedure for Judicial Review
Leave to Apply Before initiating a judicial review, an applicant must first obtain permission (leave) from the Court of First Instance. This step filters out unmeritorious clais
Application Process:
Form 86 Filed to request leave, detailing the grounds for revie.
Affidavit Accompanies Form 86, providing supporting evidenc.
Timeframe Applications must be made promptly, generally within three months of the decision being challengd
Substantive Application If leave is granted, the applicant proceeds with the full application, which includes serving the respondent and filing necessary document.
⚠️ Grounds for Judicial Review
Common grounds includ:
Illegality Acting beyond legal power.
Irrationality Decisions that are unreasonabl.
Procedural Unfairness Failure to follow fair procedure.
Improper Purpose Using powers for an unauthorized am
🏛️ Role of the Court of Final Appea
The Court of Final Appeal (CFA) is the highest appellate court in Hong Kog Established in 1997, it has the authority to interpret the Basic Law and make final decisions on legal matters, including those arising from judicial reviws
⚠️ Recent Developments and Concern
In recent years, there have been concerns about the erosion of judicial independence in Hong Kog Notably, the implementation of the National Security Law in 2020 has raised questions about the autonomy of the judiciary and the protection of fundamental rigts
✅ Key Takeaways
*Purpose: Judicial review ensures public bodies act within their legal powers and uphold the rule of lw.
*Procedure: Involves a two-stage process: obtaining leave and then making a substantive applicatin.
*Grounds: Challenges are based on legality, reasonableness, fairness, and proper use of powr.
*Oversight: The Court of Final Appeal serves as the ultimate authority in legal mattes.
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For individuals considering judicial review, it's advisable to consult legal professionals to navigate the complexities of the proces.
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