Our Practice
When a government department, a public body or an official makes a decision that affects you, you are not always simply stuck with it. This page explains, in plain terms, what judicial review is, when it can be used, and how we build one.
Judicial review is the process by which the courts examine whether a public decision was made lawfully, fairly and reasonably, and, where it was not, require it to be made again, properly. It is one of the most important ways a person, an organisation or a community can hold public power to account.
Judicial review is not an appeal, and it is not a chance to have a decision remade simply because you disagree with it. The court does not ask whether it would have decided the matter differently. It asks whether the decision was made in the right way: within the decision-maker's powers, through a fair process, and within the bounds of reason. If a public decision falls short in one of those ways, the court can step in.
Broadly, judicial review is concerned with the decisions and actions of public bodies: government departments, statutory authorities, officials and other bodies exercising public functions. A decision may be open to challenge where, for example:
Whether a particular decision is a good candidate for review depends on its facts, and that is a question worth taking advice on early.
Judicial review has strict time limits. As a general rule, an application must be made promptly, and in any event within three months from the date when the grounds for the application first arose. If you think a public decision may be wrong, the sensible course is to take advice without delay.
A judicial review generally moves through the following stages:
Judicial review is used by individuals facing a decision that has gone wrong; by NGOs and charities acting for the people they serve; and by schools, institutions and businesses affected by how a public body has acted. To bring a review, an applicant generally needs a sufficient interest in the matter, and organisations as well as individuals can have that interest. If a public decision has treated you or those you represent unlawfully or unfairly, judicial review may be the answer, and the first step is a conversation about whether it is.
The efficacy of bringing any judicial review needs to be carefully considered. We investigate the decision, assemble the evidence, frame the legal grounds and manage the case from beginning to end, and we instruct specialist counsel to present the argument in court. Our solicitors have built public-law cases at every level of Hong Kong's courts, including at the Court of Final Appeal, and that experience shapes how we approach every case, large or small.
We bring these challenges to make Hong Kong's institutions work better for Hong Kong: to correct a decision, to clarify the law, to see that public bodies act fairly.
You can read our explainer on what K v Secretary for Justice means for reciprocal-IVF families.
It is the process by which the courts examine whether a public decision was made lawfully, fairly and reasonably. It is not an appeal on the merits; the court asks whether the decision was made in the right way, not whether it would have decided differently.
Strict time limits apply. As a general rule an application must be made promptly, and in any event within three months of when the grounds first arose. Because promptness matters in its own right, it is best to take advice as soon as possible.
Usually, yes. The solicitors investigate the decision, assemble the evidence, frame the legal grounds and run the case, and specialist counsel, a barrister, is instructed to present the argument in court. The two roles work together. If you can afford to engage a barrister at an early stage, we can work together with them to prepare the legal grounds for the case.
The first step is a conversation about whether judicial review is the right route, which we always think through carefully before advising you to proceed. We confirm any fees in writing, with an estimate, before work begins, and if you may qualify for legal aid we will tell you early. See how we price.
Yes. NGOs, charities, schools, institutions and businesses can bring judicial review where they have a sufficient interest in the decision being challenged.
This page is general information, not legal advice on any specific situation. For advice on your circumstances, contact us.
You will hear back from a person within two working days. If it is urgent, call the office on (852) 2114 1616 during office hours, or call or WhatsApp us on (852) 6483 1803.
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