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This chapter gives a detailed discussion of procedural fairness, procedural impropriety and natural justice as grounds of judicial review.It begins with the right to a fair hearing, including the right to an oral hearing and the circumstances in which such a right can be asserted.It then proceeds to examine the right to representation, including legal representation.An overview of the duty of disclosure is given, before the duty to give adequate reasons is examined.Finally, bias and insufficient impartiality are explored, both as encountered in judges and other adjudicators, or in administrative decision-makers.
This chapter sets the background context to the book’s discussion of administrative law, by considering governance and administration in Hong Kong.It begins by examining central government, in particular the Chief Executive, the Executive Council, the Chief Executive-in-Council and the civil service.It then considers local government, in particular the District Councils, the Rural Committees and the Heung Yee Kuk.An overview is then given of the administration of Mainland affairs in Hong Kong, and the administration of Hong Kong affairs in the Mainland.The chapter then discusses the system of licensing, permits and certification, followed by the system of public procurement and tendering.