Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Scope of judicial review (illegality, irrationality, procedural impropriety)
  • 15 May 1989

    THE QUEEN v. THE COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER

    Citation
    THE QUEEN v. THE COMMISSIONER OF CORRECTIONAL SERVICES AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP134/1989

    The application for certiorari was refused because the Adjudicating Officer conducted a fair hearing within the permissible departmental procedure; there was sufficient admissible evidence (circumstantial and voluntary hearsay/written statements) on which a reasonable tribunal could infer the applicant's knowledge, and any procedural irregularities were minor and caused no material prejudice to the applicant's ability to defend himself.

    • Natural justice/procedural fairness
    • Hearsay and unsworn statements
    • Standard of proof in disciplinary proceedings
    • Legitimate expectation
    • Certiorari
    • Scope of judicial review (illegality, irrationality, procedural impropriety)