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The Profectional Newsletters
7 September 2018

Decision-Making Procedures:
Getting Them Right
(and What to Do
When They Go Wrong)
#

Judicial Review
in a Nutshell
#

Decision-Making Procedures: Getting Them Right (and What to Do When They Go Wrong) Judicial Review in a Nutshell

by
Dr. Stephen Thomson,
Associate Professor,
School of Law,
City University of Hong Kong

by
Dr. Stephen Thomson,
Associate Professor,
School of Law,
City University of Hong Kong

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Code: EVT000000266 Code: EVT000000265
Date: 3 October 2018 (Wednesday) Date: 24 October 2018 (Wednesday)
Time: 14:30 - 17:45
(Reception starts at 14:00)
Time: 14:30 - 17:45
(Reception starts at 14:00)
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Venue: Kornerstone Institute
15/F, Hip Shing Hong Centre
55 Des Voeux Road Central
Central, Hong Kong
Level: Intermediate Level: Intermediate
Language: English Language: English
Accreditations: LSHK CPD Points being applied for Accreditations: LSHK CPD Points being applied for
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 19 September 2018)

Please call 2116 3328 for details
and Group Discount
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 10 October 2018)

Please call 2116 3328 for details
and Group Discount
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Dr. Stephen Thomson

Dr. Stephen Thomson is an Associate Professor at City University of Hong Kong, where he leads teaching in administrative law.  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.  Dr. Thomson holds a Ph.D. in judicial review from the University of Edinburgh (UK).  In addition to his experience in the field of administrative law, Dr. Thomson is the leading authority on equitable jurisdiction in Scotland where he has written the only book on that subject, cited with approval in the supreme civil court in Scotland.  Dr. Thomson has practical legal and commercial experience, having worked at a UK law firm and acting on a consultancy and advisory basis to law firms, private clients and public bodies in Hong Kong and the UK.

Course Outline:

From applying for a licence, to challenging a regulator's decision, a planning approval or an immigration refusal, the decision-making procedures of public bodies regularly affect our and our clients' daily lives.  For those in the private sector, your clients want to be sure that you are fully up-to-date with the law on procedural impropriety so that they know when and how to challenge an unlawful decision-making procedure.  For those in the government or public sector, your department or organisation needs to ensure that it is acting in full compliance with the legal duties to which its decision-making procedures are subject.

This seminar will take you through the main aspects of the law on procedural impropriety including the right to be heard, the right to be represented, the duty to give reasons for a decision, and bias.  Real cases will be used to explain and illustrate the main points and your seminar leader will be delighted to answer your questions on the day.  The session will be useful for solicitors in both the public and private sector; and to those who both seek to launch a judicial review application or who may find themselves on the receiving end of one.  Don't be left behind!

Key points covered:

  • Up-to-date coverage of procedural impropriety as a ground of judicial review
  • Explanation of the key aspects of procedural impropriety: the right to be heard, the right to be represented, the duty to give reasons for a decision, and bias
  • Aimed at applicants and respondents; those working in private practice, and those working in government and the public sector
  • Use of real cases to explain and illustrate the main points

Course Outline:

A very useful and easy-to-understand seminar on judicial review in Hong Kong, from the author of the new, leading text on administrative law in Hong Kong (Stephen Thomson, 'Administrative Law in Hong Kong', Cambridge University Press, 2018).  Whether you work in the public or private sector, it is essential to have a good grasp of this important area of law, which is increasingly prominent in Hong Kong.  The seminar covers the main aspects of procedure that are key to understanding how judicial review works in practice, including the leave stage and standing requirements.  It also gives an overview of the main grounds of judicial review, and a summary of remedies.  By the end of the seminar, participants should be more familiar with the procedural and substantive aspects of judicial review in Hong Kong.  Don't get caught out - (re)familiarise yourself with this essential area of law!

Key points covered:

  • Judicial review procedure
  • The leave stage
  • The public/private divide
  • Delay and standing requirements
  • Ouster clauses
  • Main grounds of judicial review: improper purposes, unlawful delegation, fettering of discretion, breach of legitimate expectations and more
  • Remedies

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