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Day 1 (10 December 2008, Wednesday) |
08:45-10:05
Session One:
Opening Ceremony, Welcome Remarks, Opening Address, Keynote Address
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10:30-12:15
Session Two:
The Functions of Judicial Review |
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| Speakers |
Session content |
Lead Panelists:
Professor Peter Cane
Sir Robert Carnwath
Professor Jeffrey Jowell, QC
Discussants:
Philip J. Dykes, QC, SC
Professor Carol Harlow
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This Session will involve a discussion and critique of some of the perceived functions of judicial review. This will include a comparison of the functions of judicial review with other modes of administrative adjudication and the implications of such alternatives for judicial review. Panelists will also address issues relating to the democratic necessity of the institution of judicial review.
"Judicial Review in the Age of Tribunals"
"Tribunal justice – judicial review by another route"
"The Democratic Necessity of Administrative Justice"
"The Functions of Judicial Review in Hong Kong"
"The Multiple Functions of Judicial Review" |
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13:30-15:00
Session Three:
Necessities for effective judicial review Part I: An independent judiciary
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| Speakers |
Session content |
Lead Panelists:
The Honorable Mr. Justice Bokhary
Professor Shimon Shetreet
Discussants:
Professor Martin Loughlin
The Honorable Mr. Justice Dato' Gopal Sri Ram
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This Session will tackle the possible court-sided conditions for effective judicial review. Topics for the Session include: the need to create a culture of judicial independence; protection of the separation of powers; implications of judicial remuneration and the judicial appointment process; need for effective judicial education & training; and necessary institutional characteristics for judicial review.
"An Independent Judiciary"
"Judicial Independence and Judicial Review of Government Action: Necessary Institutional Characteristics and Appropriate Scope of Judicial Function"
"Judicial Independence and Judicial Review in Constitutional Democracies: A Note on Hamilton and Tocqueville"
"Judicial Independence and the Separation of Powers: The Malaysian Experience" |
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15:25-16:55
Session Four:
Necessities for effective judicial review Part II: An impartial and uncorrupted civil service: Standards in Public Life |
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| Speakers |
Session content |
Lead Panelists:
Dr. Anthony Neoh, SC, JP
The Honorable Justice Ralph Simmonds
Discussants:
Richard Gordon, QC
Ian Wingfield, GBS, JP
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This Session looks at the possible government-sided conditions for effective judicial review. Panellists will look at the contribution that written reasons by the government may make to judicial review proceedings and possible solutions to existing problems with the requirement to provide reasons. Panellists will also look at the work of anti-graft bodies in terms of improving standards in public administration and the implications of those for judicial review.
"An impartial and uncorrupted civil service: Hong Kong’s fight against corruption in the past 34 years"
"The Contribution Written Reasons Might Make: Lessons from the Judicial Experience"
"Fair Procedures and their Relevance to the Fight against Corruption"
"Judicial Review - Public Bodies: The Duty of Candour - The ICAC: Who Guards the Guardians" |
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19:00-21:30
Gala Dinner |
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| Speakers |
Session content |
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Gala Dinner |
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Day 2 (11 December 2008, Thursday) |
07:15-08:15
Open Forums |
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| Speakers |
Session content |
Group 1 (a)
Emma Dring
Elizabeth Helena
Laverne Jacobs
Ellie Palmer
Jason N E Varuhas
Group 1 (b)
Justin Y.Ho
Kong Kar Yan, Karen
Yossi Nehustan
Yap Po Jen
David Yim Ho Ching
Group 2
Paul Daly
Robert Jacob Danay
Francisco Esparraga
Matthew R. Lewans
Meiying Luo
Sarah Marie Nason
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Group 1 (a) & (b)
Access to Administrative Justice
In this session, speakers will consider some common issues with respect to aggrieved parties gaining access to administrative justice. Speakers will address the role and effectiveness of the Ombudsman and the importance of an independent and impartial judiciary.
Group 2
Deference and the Judicial Role
This Session will assess the legitimacy and scope of judicial review. Speakers will look at questions of constitutional legitimacy; the ‘political questions’ doctrine, proportionality, and the concept of deference as applied in South Africa and France. |
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08:30-08:45
Keynote Address
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08:45-10:20
Session Five:
The Legitimacy and scope of Judicial Review
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10:40-12:25
Session Six:
The Grounds of Judicial Review
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| Speakers |
Session content |
Lead Panelists:
Professor Christopher Forsyth
Discussants:
Richard Clayton, QC
Dr. Mark Elliott
I Grenville Cross, SC, JP
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Panellists in this Session will assess the boundaries of the different grounds of judicial review in view of recent developments and in light of usage in particular areas of government work. Panellists will look at a range of different grounds of review, including, material error of fact, proportionality; and substantive legitimate expectations. In focusing on recent developments in various jurisdictions, panellists will also discuss ideas for the redefinition and restructuring of different grounds for review.
"The Final Frontier: The Emergence of Material Error of Fact as a Ground of Judicial Review"
"Departing from a Legitimate Expectation"
"Proportionality and deference: the importance of a structure approached"
"Judicial Review: Prosecution Decisions and Criminal Trials"
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13:10-15:10
Session Seven:
Administrative Law Remedies
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15:30-17:00
Session Eight:
Administrative Law in China
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| Speakers |
Session content |
Lead Panelists:
Professor Albert H Y Chen
Judge Gan Wen
Discussants:
Professor He Haibo
Kwok Sui-Hay
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This Session takes a comparative look at issues affecting administrative law in the Hong Kong Special Administrative Region and China. Panellists will look at major developments in both legal systems, including the promulgation of China’s laws and regulations on Administrative litigation and the need for further reform in this area; and recent developments in Hong Kong and their place in the context of wider common law developments.
"Reflections on Administrative Law in China: A Hong Kong Perspective"
"Problems and Reformation of the Judicial Review System in China"
"The Dawn of Due Process Principle in China"
"Administrative Law in the HKSAR of China"
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Day 3 (12 December 2008, Friday) |
08:30-09:30
Open Forums
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| Speakers |
Session content |
Group 3 (a)
Lo Pui-yin
Geo Quinot
Angus Ross
Suen Sze Yick
Tai Yiu Ting, Benny
Group 3 (b)
Dr. Joseph Corkin
Dr. Ridwanul Hoque
Jayasankaran Nambiar A.K.
Rolien Roos
Jerfi Uzman
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Group 3 (a) & (b)
Functions of Judicial Review
This Session will involve a discussion and critique of some of the perceived functions of judicial review. Speakers will consider the development of judicial review in Hong Kong, India, Bangladesh and South Africa. This session will also include discussion on the function of judicial review within the European Union and for the purpose of regulating state commercial activity and securities. |
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09:30-10:30
Session Nine:
Country Sessions: Canada & India (Session A); Australia & South Africa (Session B); USA & New Zealand (Session C)
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11:00-12:45
Session Ten:
Comparative Studies |
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| Speakers |
Session content |
Lead Panelists:
The Honorable Mr. Justice Ma
Nigel Pleming, QC
Discussants:
Professor Jaime Arancibia
Mark Daly
David Pannick, QC
Martin Rogers
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Panellists will address issues affecting particular areas of judicial review, including judicial review in asylum cases; judicial review of regulators; and rights-based review. Within these specific areas, panellists will look at issues relating to the suitability of judicial review and the need for alternatives; challenges in terms of procedural fairness; the comparative role of the courts; and issues of judicial deference.
"General themes in the Consideration of Administrative Detention"
"Judicial Review of Regulators"
"The intensity of judicial review in the commercial context: deference and proportionality"
"Judicial Review in the HKSAR: Necessary because of Bad Governance"
"Regulators, Human Rights and Judicial Review"
"Administrative Law Remedies: Financial Services Regulation" |
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13:45-15:15
Plenary Session:
Implications of Judicial Review for governance
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15:45-16:30
Closing Address |
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16:45-18:30
Cocktail Reception |
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| Speakers |
Session content |
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Cocktail Reception |
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