TNAG-1826-FCO40-2594-Hong-Kong-courts-and-legal-system-1988 — Page 12

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(16)

page 728-729, Halsbury, see note (14);

page 139-143, Wesley-mith, see note (14);

page 151-157, de smith, see note (14).

(17) Crown Proceedings Ordinance, Cap. 300, Laws of Hong Kong.

(18) Please refer to the definition of "civil proceedings" in article 2 of the

above ordinance.

(19)

section 13, Cap. 300.

(20)

section 34(2)(b), Cap. 300.

(21) Crown Proceedings Act 1947.

(22)

(23)

see note above, section 40(2)(b). With regard to civil proceedings

involving the UK government, please refer to Halsbury's Laws of England,

4th ed., Vol. 11; Butterworths. see note (14). "111" is "Administrative law"; "453" is "judicial

行政法

行政行為的司法審查

review of administrative act ". This is a very big subject.

Please refer

to J.M. Evans, de Smith's Judicial Review of Administrative Action (London :

Stevens & Sons, 4th ed. 1980).

(24) see note (3).

(25)

see note (3), order 53, rule 3.

(26)

order 53, rule 5.

(27)

order 53, rule 5; order 11, rule 9.

1

(28)

In this respect, what is worth referring to is whether or not the courts of England has the right to review by way of habeas corpus an administrative act concerning the arrest of individuals outside the english territories (Habeas corpus is an extremely important part of judicial review system). Case precedents show that the courts of England cannot issue habeas corpus to the authorities in Scotland or North Ireland. However, before 1862, the courts of England could issue habeas corpus to the authorities in the British overseas territories. The UK Habeas Corpus Act 1862 provided that if a certain British overseas territory had its own court and that it had the right to issue habeas corpus, then the courts of England had no right to issue habeas corpus to the authorities in that territory. Please refer to de Smith, see note (23), page 599-600; Kenneth Roberts-Wray, Commonwealth and Colonial Law (London: Stevens & Sons, 1966), 611-15.