This chapter examines unreasonableness and irrationality as grounds of judicial review.It begins with an examination of Wednesbury unreasonableness as a standard of review, before considering it as both a substantive and a procedural threshold.It is suggested that there may be a lowering of the Wednesbury threshold in Hong Kong, particularly as a standard of procedural review.The intensity of review under Wednesbury unreasonableness is then examined, both as a lower and as a higher intensity of review.It is argued that, and explained how, unreasonableness and irrationality are and should be treated as distinct concepts and grounds of review, before the role of reasons is considered in relation to unreasonableness and irrationality.

This chapter gives an overview of remedial mechanisms associated with administrative law other than those afforded by judicial review, administrative tribunals, the Ombudsman and the Legislative Council Redress System.It provides an introduction to Commissions of Inquiry, including a table of all Commissions of Inquiry conducted in Hong Kong since 1966.An overview is given of the role and work of the Independent Commission Against Corruption (ICAC), and the fight against corruption in Hong Kong.The Equal Opportunities Commission (EOC) is introduced and its main powers and functions set out.An overview is given of the role and powers of the Privacy Commissioner for Personal Data, and also of the Audit Commission.

This chapter gives a detailed discussion of the remedies that are available on an application for judicial review.It discusses the main procedural rules on remedies, before introducing the remedies of certiorari, prohibition, mandamus, declaration (including suspension of a declaration and orders of temporary validity), injunction (including interim injunction), and damages, restitution and recovery of a sum due.It discusses the discretionary nature of remedies, including their relationship with statutory appeals mechanisms, prematurity of application, delay, waiver, acquiescence, the undeserving applicant, futility, no prejudice and inevitability.The chapter concludes with a discussion of judicial review proceedings continued as though begun by writ.

This chapter provides an introduction to administrative law in Hong Kong, outlining its relevance and importance, as well as setting the tone and scope for the rest of the book.

This chapter considers the constitutional foundation of judicial review in Hong Kong.It begins with an overview of the constitutional foundation of judicial review under UK sovereignty, before turning to its foundation under PRC sovereignty.The PRC Constitution and the Basic Law are considered as potential constitutional foundations of review, along with a consideration of judicial review in the context of ‘one country, two systems’.The relationship between judicial review and both the common law and the rule of law is then explored, along with a brief consideration of whether and to what extent legislative supremacy might offer a potential constitutional foundation in Hong Kong.The chapter concludes with an overview of constitutional review, its relationship with administrative review, and human rights.