Draft Speech by The Hon. Jeremy Mathews, Attorney Genera
in the Legislative Council on Wednesday 18th May 1988
Committee Stage amendment to clause-1073)
ATTORNEY GENERAL:
Sir,
Sir, in his speech Mr, Martin Lee has raised some
I limit myself to the issues that flow from Mr. Lee's proposed amendments as contained in the Order Paper.
legal issues that I would like to address.
Ses
out this fternoon.
2
MOJ.
Before proceeding to deal with Mr. Martin
little Lee's proposed amendment I would like to say a words about judicial review/a Judicial review is a
procedure that
a concept that has been much talked
enables
the
courts to
supervise
the
executive in the exercise of its powers. Under this
procedure, an aggrieved person may challenge a decision
public officer, a
but only on limited grounds.
by
If the fourt is satisfied that the person making the
decision has made an error of law.cr that the correct
law,
decision-making procedure has not been followed,
or
that he has acted irrationally, the Court will strike
that down
decision. This latter ground needs some
explanation. In considering the discretion exercised
by public officer, the Court will not interfere if
the decision made by that person was one that was open
the