Air Pollution in Hong Kong: The Failure of Judicial Review and the Slight Promise of Recent Cases

Singapore Journal of Legal Studies, pp. 394-411, 2011

18 Pages Posted: 19 Jun 2011 Last revised: 23 Oct 2013

See all articles by Rohan Price

Rohan Price

University of Tasmania - Faculty of Law; Dalian Maritime University Law School

Kong Shan Ho

City University of Hong Kong (CityU) - School of Law; Kingston University, Department of Law; Manchester Metropolitan University - School of Law

Date Written: June 15, 2011

Abstract

Public bodies are endowed with far-reaching administrative powers to formulate and implement policy. Administrative law focuses upon the extent of these powers, the way in which they are exercised and controlled, on the relationship between public bodies and those who are affected by decision-making. With the growth of executive power, judicial review has emerged as a necessary counterweight to assure accountability in the decision-making of government authorities. Against such a background, this article evaluates the contribution which judicial review has made to combating air pollution in Hong Kong to date. It essays a variety of reasons to do with Hong Kong’s colonial past as to why judicial review has, in general, been a dilute force for accountability of administrators and especially so when a decision has environmental implications.

Keywords: Air Pollution, Hong Kong, Judicial Review, Zhuhai Bridge Case, Colonial History

JEL Classification: K32, Q25, Q28

Suggested Citation

Price, Rohan B.E. and Ho, Kong Shan, Air Pollution in Hong Kong: The Failure of Judicial Review and the Slight Promise of Recent Cases (June 15, 2011). Singapore Journal of Legal Studies, pp. 394-411, 2011, Available at SSRN: https://ssrn.com/abstract=1865547

Rohan B.E. Price (Contact Author)

University of Tasmania - Faculty of Law ( email )

Private Bag 89
Hobart, TAS 7001
Australia

HOME PAGE: http://www.utas.edu.au/law/people/law-people-profiles/Rohan-Price

Dalian Maritime University Law School ( email )

1 Linghai Road
Dalian, 116026
China

Kong Shan Ho

City University of Hong Kong (CityU) - School of Law ( email )

6/F, Lee Shau Kee Building
Hong Kong, Shatin, New Territories
Hong Kong

Kingston University, Department of Law ( email )

London
United Kingdom

Manchester Metropolitan University - School of Law ( email )

Burslem Building, South All Saints Campus
Lower Ormond Street
Manchester, Lancashire M15 6HB
United Kingdom

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