Public Law

We are one of the few firms in Hong Kong specializing in administrative and constitutional law proceedings, in particular Judicial Review applications.

 

Things we do:

  • Lodging Judicial Review applications
  • Lodging Election Petitions
  • Defending Election Petitions
  • Defending your rights in criminal cases involving constitutional issues

 

We represent our clients in numerous constitutional challenges to the legislation, actions and decisions of the government. We handle cases of great public importance that involve human rights violations, Basic Law interpretation, the Bills of Rights and the International Covenant on Civil and Political Rights. Our cases are often brought to the Court of Final Appeal for a definitive judgment. Our clients include environmental protection concern groups, legislative councilors, Non-Governmental Organizations, asylum seekers, and social movement leaders.

 

Election Petition is another area of our specialization. We have represented clients in lodging and defending Election Petitions for all levels of elections in Hong Kong, including Village Representative Elections, District Council Elections, Legislative Council Elections and Chief Executive Elections.

 

What to do if you have a claim?

Judicial Review is the application you should make when you suffer from a Decision by a public body, including government departments and universities, on the grounds of procedural impropriety, illegality and irrationality. You can ask the Court to make a declaration that the Decision is unconstitutional, illegal or procedurally unfair, which will revert back to the public body; or to strike down the unconstitutional part of the legislation. JR can only be brought if you have exhausted all other means to seek relief.

 

You have 3 months from the date of the Decision to apply for judicial challenge against the decision. JR usually takes a long time to proceed and you may be subject to risks of costs if the Court find your case hopeless or if you lose the case. After filing in the documents, an Applicant must get leave to lodge the JR before the case finally settles for trial.

 

As this type of litigation are usually technical and reliant on legal submission, you would be advised to seek legal advice to bring a claim. But otherwise, you can also DIY by filing a form 86 stating the grounds of review, together with an affidavit stating the background, the Decision and personal background of the Applicant. The current rate for filing court documents is $1,045.

 

Please keep all relevant papers, including the letter or document indicating the Decision, proof of your detriment, etc for the proceedings; and make sure you update the Court if the Decision has changed or is no longer in force.

 

Please contact our Mr. Jonathan Man for advice.