Judicial Review is an essential concept in the Hong Kong legal system that allows the Court to examine and make a ruling on the validity and legality of actions, decisions or laws made by public bodies and courts. It is a fundamental mechanism for ensuring the rule of law and protecting the rights and freedoms of individuals. Here is a more detailed explanation of the concepts and reasons for judicial review in Hong Kong:

 

1. Concept of judicial review: Judicial review is an essential component of Hong Kong's independent judiciary. It allows the Court to supervise the actions of government bodies and public authorities to ensure that they act in accordance with the the Basic Law and other applicable laws. Judicial review aims to prevent abuse of power, guarantee the legality of decisions and protect the fundamental rights of individuals.

 

2. Grounds for judicial review: Judicial review can be exercised on the basis of several grounds that call into question the validity of actions, decisions or laws:

 

   a) Illegality: The Court can intervene if an action, decision or law is taken in violation of the law or established legal procedures. It checks whether the public authority has acted beyond its powers or violated the legal rules in force.

 

   b) Irrationality: The Court can intervene if an action, decision or law is considered irrational, unreasonable or lacking logical basis. It assesses whether the decision taken is justifiable or whether it is manifestly unfair or illogical.

 

   c) Procedural irregularity: If an action or decision has been taken without following proper legal procedures, the Court may intervene and declare it to be procedurally irregular. This may include violations of the principles of natural justice, transparency or procedural fairness.

 

   d) Incompatibility with the Basic Law: The Court can intervene if an action, decision or law is inconsistent with the provisions of the Basic Law. It verifies whether the fundamental principles and rights set out in the Basic Law have been complied with.

 

   e) Violation of rights and freedoms: When an action, decision or law infringes on the rights and freedoms guaranteed by the Basic Law, the Court can intervene and declare it unconstitutional. It ensures the protection of fundamental rights such as freedom of expression, freedom of assembly, freedom of religion, among others.

 

When a person or organisation questions the validity of a government decision or action, they can file an application for judicial review with the Court, which will then examine the reasons given and render an impartial and independent decision.

 

Judicial review is of crucial importance to maintaining the rule of law in Hong Kong and ensuring that government bodies act in accordance with legal principles and fundamental rights. It plays a central role in preserving judicial independence and public confidence in Hong Kong's legal system.

 

Romain Pierre Levaire has extensive experience in requests for judicial reviews, and can advise on the merits of a case, help prepare the file, and make written / oral submissions before the Court.