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NOTES FOR GUIDANCE |
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| Proceedings for judicial review in the High Court | |
| These notes, issued at the direction of the Registrar, High Court, are not intended to be exhaustive but merely to offer an outline of the procedure to be followed. Applicants and their legal advisers should consult Order 53 of the Rules of the High Court made under section 54 of the High Court Ordinance , Cap. 4. |
| A1. | Legal Aid |
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The Court itself cannot grant
legal aid
for judicial review. Applications should be made to
Legal Aid
Department.
In principle, judicial review can be applied for by applicants acting in person. However, this area of the law, together with the drafting of the necessary documents is highly technical. Citizens should carefully consider the advisability of instructing a solicitor, either at their own expense or through legal aid . |
| A2. | Time |
| All applications for judicial review must begin with application for leave to apply for judicial review. | |
| An application for leave for judicial review must be made as soon as possible after the date of the judgment, order, decision or other proceeding in respect of which relief is sought, but in any event within 3 months from the date of such judgment etc. | |
| The court can extend the time limit but will only exercise this power where it is satisfied there are very good reasons for doing so: Order 53 rule 4(1). If an extension of time is sought the grounds in support of that application must be filed and verified by affidavit. |
| A3. | Fees |
A fee of $1,045* is payable on an application for leave to apply for judicial review. Payments should be made by cash to the Accounts Office of the High Court,LG2 Floor, the High Court Building. |
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| *This is subject to adjustment from time to time. Applicants should find out the current fee from the High Court Fees Rules made under section 54 of the High Court Ordinance , Cap. 4. |
| A4. | Form of Application |
| Applications for leave to apply for judicial review must be made in Form 86A (as laid out in the Rules of the High Court ) and must be supported by an affidavit verifying the facts a relied on: Order 53 rule 3(2). The original copy will be kept by the court and an applicant has to provide sufficient copies for himself/herself and for service on other parties. |
| A5. | Leave to Apply for Judicial Review |
| All applications for leave must be made ex parte. The judge may determine the application with or without an oral hearing, unless an oral hearing is requested in the notice of application. Whichever way the judge decides the application for leave , the result will be communicated to the applicant, or, if represented, to his/her solicitor. | |
| Where an application for leave is refused by a judge or is granted on terms, the applicant may appeal against the judge's order to the Court of Appeal of the High Court within 10 days after such order: Order 53 rule 3(4). |
| A6. | Applying for Judicial Review |
| When leave has been granted to make an application for judicial review, the application will usually be made by originating motion to a High Court Judge. A Notice of Motion must be prepared and taken to the Clerk of Court's Office where a date for hearing will be allocated. This must be done within 14 days after the grant of leave. The notice of motion must then be served on all persons directly affected by the application for judicial review. Unless the court granting leave has otherwise directed, there must be at least 10 days between the service of the Notice of Motion and the day named for hearing: Order 53 rule 5(4). | |
| An affidavit giving the names and addresses of, and the places and dates of service on all persons who have been served with the Notice of Motion must be filed with the court, and must be before the court on the date of the hearing of the motion: Order 53 rule 5(6). |
| A7. | Hearing of Motion |
| Application for judicial review will be heard by a single judge sitting in open court unless the court otherwise directs: Order 53 rule 5(1) and (2). |
| A8. | Costs |
| It is a general rule that the party which loses is ordered to pay the costs of the other side. | |
| Special rules apply to Applicants with legal aid . Applicants should consult the Legal Aid Ordinance Cap. 91 for details. |
| A9. | Appeals |
| An appeal from an order of a judge granting or refusing an application for judicial review lies to the Court of Appeal: Order 53 rule 13. The notice of appeal must be served, within 28 days from the date of judgment, on all parties to the judicial review who are directly affected by the appeal. | |
| If in doubt about any procedural matters, applicants or their advisers should direct their enquiries to the High Court Registry LG1 Floor,High Court Building. |
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| Disclaimer This publication is for general reference only and should not be treated as a complete and authoritative statement of law or court practice. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or other professional advice. Please note: The Judiciary cannot be held responsible for the contents of this publication. |
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