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

TitleThe Doctrine of Substantive Legitimate Expectation: the Significance of Ng Siu Tung and Others v Director of Immigration
Authors
Issue Date2003
PublisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/
Citation
Hong Kong Law Journal, 2003, v. 32 n. 3, p. 471-496 How to Cite?
AbstractIn 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.
DescriptionAnalysis
Persistent Identifierhttp://hdl.handle.net/10722/133101
ISSN
2015 Impact Factor: 0.215
2015 SCImago Journal Rankings: 0.101

 

DC FieldValueLanguage
dc.contributor.authorLeung, HWS-
dc.contributor.authorLi, ASY-
dc.date.accessioned2011-04-27T09:17:22Z-
dc.date.available2011-04-27T09:17:22Z-
dc.date.issued2003-
dc.identifier.citationHong Kong Law Journal, 2003, v. 32 n. 3, p. 471-496-
dc.identifier.issn0378-0600-
dc.identifier.urihttp://hdl.handle.net/10722/133101-
dc.descriptionAnalysis-
dc.description.abstractIn 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.-
dc.languageeng-
dc.publisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/-
dc.relation.ispartofHong Kong Law Journal-
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleThe Doctrine of Substantive Legitimate Expectation: the Significance of Ng Siu Tung and Others v Director of Immigrationen_US
dc.typeArticleen_US
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=0378-0600&volume=32&issue=3&spage=471&epage=496&date=2003&atitle=The+Doctrine+of+Substantive+Legitimate+Expectation:+the+Significance+of+Ng+Siu+Tung+and+Others+v+Director+of+Immigration-
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros76321-
dc.identifier.volume32-
dc.identifier.issue3-
dc.identifier.spage471-
dc.identifier.epage496-

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