Administrative Law in Hong Kong

ISBN-13: 9781108400329 / Angielski / Miękka / 2018 / 420 str.

Stephen Thomson

Opis

"In the last 50 years, Hong Kong has undergone the most momentous changes. We have been reunified with the People's Republic of China and established as a Special Administrative Region of China under the principle of one country two systems governed by the Basic Law"--

Recenzje

'In his book Administrative Law in Hong Kong … Dr Stephen Thomson masterfully navigates the reader through these difficult waters with a writing style that displays passion and clarity in equal measure.' Peter Gregoire, Hong Kong Lawyer

Spis treści

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.