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

18 Pages Posted: 10 Feb 2012

See all articles by Rohan Bruce Edward Price

Rohan Bruce Edward Price

affiliation not provided to SSRN

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: December 31, 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, and 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 reviewhas 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.

Suggested Citation

Price, Rohan Bruce Edward and Ho, Kong Shan, Air Pollution in Hong Kong: The Failure of Judicial Review and the Slight Promise of Recent Cases (December 31, 2011). Singapore Journal of Legal Studies, pp. 394-411, December 2011, Available at SSRN: https://ssrn.com/abstract=2002480

Rohan Bruce Edward Price (Contact Author)

affiliation not provided to SSRN ( email )

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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