Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 21K

Application for judicial review

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) An application to the Court of First Instance for one or more of the
following forms of relief-

   (a)  an order of mandamus, prohibition or certiorari;

   (b)  an injunction under section 21J restraining a person not entitled to
        do so from acting in an office to which that section applies, shall be
        made in accordance with rules of court by a procedure to be known as
        an application for judicial review.

(2) An application for a declaration or an injunction (not being an injunction
mentioned in subsection (1)) may be made in accordance with rules of court by
way of an application for judicial review, and on such an application the
Court of First Instance may grant the declaration or injunction claimed if it
considers that, having regard to-

   (a)  the nature of the matters in respect of which relief may be granted by
        orders of mandamus, prohibition or certiorari;

   (b)  the nature of the persons and bodies against whom relief may be
        granted by such orders; and

   (c)  all the circumstances of the case, it would be just and convenient for
        the declaration to be made or the injunction to be granted, as the
        case may be.

(3) No application for judicial review shall be made unless the leave of the
Court of First Instance has been obtained in accordance with rules of court;
and the court shall not grant leave to make such an application unless it
considers that the applicant has a sufficient interest in the matter to which
the application relates.

(4) On an application for judicial review the Court of First  Instance may
award damages to the applicant if-

   (a)  he has joined with his application a claim for damages arising from
        any matter to which the application relates; and

   (b)  the court is satisfied that, if the claim had been made in an action
        begun by the applicant at the time of making his application, he would
        have been awarded damages.

(5) If, on an application for judicial review seeking an order of certiorari,
the Court of First Instance quashes the decision to which the application
relates, the Court of First Instance may remit the matter to the court,
tribunal or authority concerned, with a direction to reconsider it and reach a
decision in accordance with the findings of the Court of  First Instance.

(6) Where the Court of First Instance considers that there has been undue
delay in making an application for judicial review, the Court may refuse to
grant-

   (a)  leave for the making of the application; or

   (b)  any relief sought on the application, if it considers that the
        granting of the relief sought would be likely to cause substantial
        hardship to, or substantially prejudice the rights of, any person or
        would be detrimental to good administration.

(7) Subsection (6) is without prejudice to any enactment or rule of court
which has the effect of limiting the time within which an application for
judicial review may be made. (Added 52 of 1987 s. 18. Amended 25 of 1998 s. 2)
[cf. 1981 c. 54 s. 31 U.K.]