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Article: Costs in public interest litigation: whose pocket should be picked?

TitleCosts in public interest litigation: whose pocket should be picked?
Authors
Issue Date2010
PublisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/
Citation
Hong Kong Law Journal, 2010, v. 39 n. 3, p. 767-782 How to Cite?
AbstractIn Hong Kong, the development of public interest litigation faces mounting difficulties due to the lack of means to secure funding to finance judicial review applications. While activists and non-governmental organizations are anxious to test the constitutionality of legal provisions and the legality of alleged wrongful acts by the public authorities in order to pursue their causes, they are, as depicted by Hartmann J, “placing [their] neck[s] beneath the guillotine of costs” in the process as they have to bear the uncertain risks of the respondent public authority's legal costs if they do not succeed in the challenge. This article will discuss the funding system and the costs jurisprudence of public interest litigation in Hong Kong. It will seek to argue for an expansion of the funding regime for public interest litigation. In light of the public benefits arising from public interest litigation in the elucidation of public law, promotion of deliberative democracy and good administration, the court should adequately reflect such benefits in the cost allocation of public interest cases. Costs discretion should be exercised in a flexible and purposive manner, with due regard to access to justice concern, so that the future development of public interest litigation will not be unnecessarily stifled.
DescriptionAnalysis
Persistent Identifierhttp://hdl.handle.net/10722/74745
ISSN
2015 Impact Factor: 0.215
2015 SCImago Journal Rankings: 0.101

 

DC FieldValueLanguage
dc.contributor.authorKong, Ken_HK
dc.date.accessioned2010-09-06T07:04:29Z-
dc.date.available2010-09-06T07:04:29Z-
dc.date.issued2010en_HK
dc.identifier.citationHong Kong Law Journal, 2010, v. 39 n. 3, p. 767-782en_HK
dc.identifier.issn0378-0600en_HK
dc.identifier.urihttp://hdl.handle.net/10722/74745-
dc.descriptionAnalysis-
dc.description.abstractIn Hong Kong, the development of public interest litigation faces mounting difficulties due to the lack of means to secure funding to finance judicial review applications. While activists and non-governmental organizations are anxious to test the constitutionality of legal provisions and the legality of alleged wrongful acts by the public authorities in order to pursue their causes, they are, as depicted by Hartmann J, “placing [their] neck[s] beneath the guillotine of costs” in the process as they have to bear the uncertain risks of the respondent public authority's legal costs if they do not succeed in the challenge. This article will discuss the funding system and the costs jurisprudence of public interest litigation in Hong Kong. It will seek to argue for an expansion of the funding regime for public interest litigation. In light of the public benefits arising from public interest litigation in the elucidation of public law, promotion of deliberative democracy and good administration, the court should adequately reflect such benefits in the cost allocation of public interest cases. Costs discretion should be exercised in a flexible and purposive manner, with due regard to access to justice concern, so that the future development of public interest litigation will not be unnecessarily stifled.-
dc.languageengen_HK
dc.publisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/en_HK
dc.relation.ispartofHong Kong Law Journalen_HK
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleCosts in public interest litigation: whose pocket should be picked?en_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=0378-0600&volume=39&issue=3&spage=767&epage=782&date=2010&atitle=Costs+in+Public+Interest+Litigation:+Whose+Pocket+Should+Be+Picked?en_HK
dc.identifier.emailKong, K: kykong@hkucc.hku.hken_HK
dc.description.naturepublished_or_final_versionen_US
dc.identifier.hkuros169579en_HK
dc.identifier.volume39-
dc.identifier.issue3-
dc.identifier.spage767-
dc.identifier.epage782-

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