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Administrative Law in Hong Kong

Administrative Law in Hong Kong

作者： Stephen Thomson
出版商： Cambridge University Press
ISBN: 9781108400329
出版时间 October 2018
规格： Paperback , 296 pages
适应领域： Hong Kong ? 免责申明：
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This new text provides 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, the Legislative Council Redress System, Commissions of Inquiry, 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 judges, practitioners, policymakers, academics, students and commentators with an interest in public law, governance and administration.
- Provides a 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
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.
Stephen Thomson, City University of Hong Kong

Stephen Thomson is an associate professor of law at City University of Hong Kong. He is a legal adviser to the Ombudsman of Hong Kong, a member of the Constitutional Affairs and Human Rights Committee of the Law Society of Hong Kong and an examiner on the Overseas Lawyers Qualification Examination. His work on administrative law has appeared in a number of leading law journals. Dr Thomson has also written the first and only text on the nobile officium, the extraordinary equitable jurisdiction of the Supreme Courts of Scotland, cited with approval by the Inner House of the Court of Session and the Scottish Land Court. He also advised the Scottish judiciary on reform of civil procedure, his report being appended to a proposal for legislative reform.
Advance praise: 'The scholarship displayed in this work is of the highest quality. It is an authoritative text on administrative law in Hong Kong and makes a most important contribution to the learning in this field. It will provide invaluable guidance and assistance to judges, lawyers, public administrators, academics and students. This work will be a leading text and deserves to be widely read and used both in and outside Hong Kong.' Andrew Kwok Nang Li, First Chief Justice of the Hong Kong Special Administrative Region of the People's Republic of China (1997–2010)

Advance praise: 'This closely focussed and precise account of administrative law in Hong Kong will prove very useful to the student approaching the examinations or practitioner wrestling with a difficult judicial review. Well and clearly written this book will surely make its mark. Dr Thomson deserves the gratitude of the profession.' Christopher F. Forsyth, Sir David Williams Professor of Public Law, University of Cambridge

Advance praise: 'A very welcome addition to the few books that deal with Administrative Law in Hong Kong. The author has produced a very readable guide to an area of law that is crucial to the maintenance of the Rule of Law in the Hong Kong Special Administrative Region. Especially welcome is the author's attempt to locate the significance of Administrative Law within the unique constitutional structure of the HKSAR, including descriptions of the major public bodies that make decisions that resonate in public law.' Philip Dykes, Bernacchi Chambers, Hong Kong

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