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(Webinar via Zoom) Grounds of Judicial Review
Karvis C.M. Lam, Barrister-at-law, Selwyn Yu SC's Chambers
Date: 16 December 2026 (Wednesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,850
Accreditation: (3 CPD Points will be applied for)
Ref: L26CP06
Venue: Webinar Course
Presenter's Biography:

Karvis has a mixed practice with civil and criminal law. Prior to joining the Bar, while pursuing her law degrees part-time, Karvis gained years of experience working at law firms specialising in litigation matters. Over the years, she has conducted cases on a broad range of criminal, civil and public law practice such as white-collar crimes, fraud-related offences, drug-related offences, offences against the person, medical negligence, personal injury, discrimination, defamation, employment, misrepresentation, judicial review and death inquest.

She is also an author to a number of annotated legislations including Gambling Ordinance (Cap. 148), Places of Public Entertainment Ordinance (Cap. 172), Customs and Excise Service Ordinance (Cap. 342) and Bills of Rights Ordinance (Cap. 383).
 
Objective:

Judicial review touches upon everything from high-profile societal controversies to routine administrative decisions, such as the refusal of a business licence, regulatory registration, or statutory permit. This course aims to provide participants with a comprehensive overview of the supervisory jurisdiction of the Court and the mechanism of judicial review. The course focuses predominately on the grounds of judicial review, including illegality, Wednesbury unreasonableness, procedural impropriety, legitimate expectations, and rights-based challenges, analysing how the Court scrutinises the lawfulness of the decision-making process. Participants will also learn how to determine the amenability of public functions and evaluate the strategic application of public law remedies.
 
Outline:

  • Nature and Foundation of Judicial Review (JR)
    • Supervisory jurisdiction of courts
    • Constitutional framework and limits

  • Availability, Amenability, and Justiciability
    • Public vs private domain
    • Limits of review
    • Remedy of last resort (prematurity, ouster clauses, and alternative appeals)

  • The Grounds of Challenge
    • Illegality (ultra vires, errors of law/fact, and abuse of discretion)
    • Irrationality (Wednesbury unreasonableness)
    • Procedural Impropriety (fair hearing, bias, and duty to furnish reasons)
    • Legitimate Expectations
    • Rights-Based Challenges

  • Outcomes, Remedies, and Constitutional Specifics
    • Prerogative orders (certiorari, mandamus, and prohibition)
    • Other remedies (declarations, injunctions, and private law damages)
    • Costs in JR and protective costs orders

  • Practice and Procedure
    • The two-stage procedure
    • Standing (locus standi)
    • Time limits, delay, and hardship

 
Category: Civil Litigation & Procedure
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