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Week 3 Tutorial Questions - 2023

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2 views2 pages

Week 3 Tutorial Questions - 2023

Uploaded by

angelachung601
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LAWS2110 Administrative Law

Week 3
Procedural Aspects and Scope of Judicial Review II:
Leave and Standing
Tutorial Questions
1. Do you think the leave stage is an effective process to weed out unmeritorious applications for
judicial review? Give reasons.
2. In terms of procedure, how are leave applications determined? What can an applicant do to
ensure that his/her arguments can be fully canvassed before the court?
3. Consider this hypothetical.
Jeffrey has been the Secretary for Land Development since July 2016. Prior to joining the
HKSAR Government, Jeffrey worked in the private sector as the director of Tycoon Land
Development Company Limited (“Tycoon”).
In December 2016, it was reported in the media that Jeffrey had entered into an agreement
(“Agreement”) with Magnate Land Development Company Limited (“Magnate”) shortly before
he took office. At the material time, Magnate was in the process of acquiring Tycoon. Pursuant
to the Agreement, Magnate would pay Jeffrey HK$100 million so that Jeffrey would be
favourably disposed to Tycoon in his official capacity. The payments were allegedly arranged to
be made in two instalments, in 2017 and 2018, after Jeffrey joined the HKSAR Government.
The media report sparked controversy. In January 2017, the AntiCorruption League (“ACL”)
reported the matter to the Independent Commission Against Corruption (“ICAC”), alleging that
Jeffrey has committed various criminal offences including, inter alia, the common law offence of
misconduct in public office (“MIPO”).
On 1 October 2019, the ICAC announced that no further investigative action would be taken. On
the same day, i.e. 1 October 2019, the Department of Justice (“DOJ”) made the decision
(“Decision”) not to prosecute Jeffrey since there was insufficient evidence to support a
reasonable prospect of conviction against Jeffrey for any criminal offence.
Abigail, a social activist, was very unhappy with the Decision. She was convinced that the
Decision was unlawful because her friend Flora, who is a Senior Counsel, advised her that the
DOJ had clearly erred in applying the law on MIPO.
Upon hearing Flora’s advice, Abigail expressed an interest in seeking a judicial review of the
Decision. However, Flora’s work commitments have made it impossible for her to advise
Abigail further.
You are Flora’s pupil barrister. Flora sent Abigail to approach you for legal advice. In particular,
Abigail wants to know how likely will the Court of First Instance grant her leave to apply for
judicial review against the Decision.
Advise Abigail.

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