We are one of the firms in Hong Kong specializing in administrative and constitutional law proceedings, in particular Judicial Review applications and Election Petitions. We have significant experience of judicial review in a wide range of sectors including various governmental departments, statutory bodies, universities, town planning and land developments, Chief Executive in Council (CEIC), environmental, constitutionality of ordinances and regimes, professional bodies decisions, police. We are regularly representing applicants and interested parties, as well as respondents in public law litigation and many of their cases are leading cases in the area.
What to do if you have a claim?
Judicial Review is the application you might make to the Court when you suffer from a Decision made by a public body, including government departments, universities and organization set up by statues on the grounds of procedural impropriety, illegality and irrationality and legitimate expectation. You can invite the Court to make a declaration that the Decision is unconstitutional, unlawful or procedurally unfair, upon which the aggrieved decision will be revert back to the public body; or to strike down the unconstitutional part of the legislation. Judicial Review application can only be brought if you have exhausted all other means to seek relief.
From the date of the Decision, you should as soon as possible, and within the prescribed time limit, apply for judicial challenge against the Decision. Judicial Review applications usually take some time to proceed and you may be subject to risks of costs if the Court finds your case hopeless or if you are unsuccessful in the Judicial Review applications. After filing in the documents, an Applicant must seek leave to lodge the Judicial Review before the case finally settles for substantive hearing.
As this type of litigation is usually technical and reliant on legal submission, you would be advised to seek legal advice before bringing an application. Your legal advisor would comprehensively advise you as the applicant on filing a Form 86 stating the grounds of review, together with an affidavit stating the background of the Decision and personal background of the Applicant.
Please keep all relevant papers, including the letter or document indicating the Decision and proof of your detriment for the proceedings; and make sure you update the Court if the Decision has changed or is no longer in force.
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 to challenge the outcomes of the elections of the power of the returning officers of the elections.
Please contact our Mr. Jonathan Man, Ms. Kristine Chan or Mr. Kwok Hei Yau for advice.