The Doctrine of Substantive Legitimate Expectation: the Significance of Ng Siu Tung and Others v Director of Immigration

Abstract

In Ng Siu Tung and Others v Director of Immigration, the Court of Final Appeal delivered a landmark judgment, holding that several representations made by the Hong Kong Special Administrative Region Government in the long-running right of abode saga had created substantive legitimate expectations in certain classes of claimants, and the failure of the Government to honour those representations amounted to an abuse of power. As a result, the removal orders were quashed and cases were directed to the Immigration Department for reconsideration. The decision stands as the first authority approving and applying the doctrine of substantive legitimate expectation at the final appellate court level in any common law jurisdiction. This article critically examines the reasoning of the judgment and the impact of the doctrine on the development of administrative law.