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“Error of Law in Hong Kong Administrative Law: A Doctrinal Reappraisal“
Edward Lui
Hong Kong Law Journal, Vol. 54, Part 2 of 2024, pp.427 – 450
Abstract: English administrative law has once distinguished between jurisdictional and non-jurisdictional errors of law; establishing an error of law simpliciter was insufficient for an applicant. It is now trite that English administrative law has abandoned this historical distinction; an error of law simpliciter is reviewable. This investigation asks: has Hong Kong administrative law followed the modern English position, or has the historical distinction been retained? In an analysis that has been of influence in the academic literature, Thomson has concluded that the Hong Kong authorities are ambiguous on this point — and that the doctrinal status quo is perforce problematic. This investigation reappraises Thomson’s conclusion, and contends that the doctrinal status quo is in fact clear: a clear line of authorities from the Hong Kong Court of Final Appeal affirms that an error of law simpliciter is reviewable, and the historical distinction is no longer relevant for Hong Kong administrative law.