TNAG-1731-FCO40-2444-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 291

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