|
|
|
CPD Course:
Procedural Impropriety
as Grounds for
Judicial Review
Presented by
Dr. Stephen Thomson,
Assistant Professor,
The Chinese University of Hong Kong |
|
|
|
     |
|
| Code: |
EVT000000175 |
Level: |
Intermediate |
|
|
|
|
| Date: |
23 June 2017 (Friday) (Amended) |
Language: |
English |
|
|
|
|
| Time: |
14:30 - 17:45
(Reception starts at 14:00) |
Accreditation(s): |
LSHK 3.0 CPD Points
(LSHK Allocated Number: 20170308) |
|
|
|
|
| Venue: |
|
Request for Rerun: |
|
|
|
|
|
|
| Presenter's Profile: |
|
|
Dr. Stephen Thomson is an Associate Professor at the ANU College of Law, The Australian National University. He previously worked in Hong Kong for a number of years at The Chinese University of Hong Kong and City University of Hong Kong. Dr. Thomson is the author of the leading text 'Administrative Law in Hong Kong' (Cambridge University Press, 2018), a Legal Adviser to the Ombudsman of Hong Kong, a member of the Constitutional Affairs and Human Rights Committee of the Law Society of Hong Kong, and an examiner on the Overseas Lawyers Qualification Examination. He is also the General Editor of the Federal Law Review and was a Herbert Smith Freehills Visitor at the University of Cambridge. His work has been used by courts, government and legislatures in Hong Kong, the UK and the US. Dr. Thomson holds a PhD in constitutional and administrative law from the University of Edinburgh.
|
|
|
| Course Outline: |
|
This is an intermediate level course on procedural impropriety as grounds for judicial review. It will explore five main contexts in which procedural impropriety features.
- Deviation from, or failure to observe, statutory procedure: how is this defined, and what are the consequences of non-compliance?
- The right to a hearing: is there such a right at common law, and when might that right be activated?
- The right to representation: is there a right at common law to be represented, and when might that right be activated?
- The duty to give reasons for decisions: is there such a duty at common law, and if so, when (and how) does it apply? When reasons must be given, what are the legal requirements on the adequacy of reasons?
- Bias: what circumstances can (and cannot) give rise to bias, how is bias defined, and what are the consequences of insufficient impartiality on the part of a decision-maker? When might bias be “excused”?
We will explore the main principles, rules, legal tests and case law applying to each of these categories of procedural impropriety.
|
| Contents: |
- What is procedural impropriety?
- Deviation from, or failure to observe, statutory procedure
- Right to a hearing
- Right to representation
- Duty to give reasons for decisions
- Bias
|
|
|
|
This course is provided by: |
 |
|
|
 |
Relevant CPD Courses |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
           |
|
Telephone: +852 3118 2371 | Facsimile: +852 3118 2372 Postal Address: P.O. Box 9993, General Post Office, Hong Kong |
|
|
|
