View judicial reviews as a good thing, says chief justice

The growing number of judicial reviews in Hong Kong should be viewed in a 'constructive and positive way' by both the public and the government, the chief justice said yesterday.

Noting the striking growth in the number of cases in recent years, Chief Justice Andrew Li Kwok-nang said judicial review was the 'cornerstone of good governance ... ensuring its legality and fairness'.

'The phenomenon of the growth of judicial review should be viewed in a constructive and positive way by all concerned,' the chief justice told a conference organised by Chinese University.

He attributed the rise in judicial review cases in Hong Kong to citizens' increasing awareness of their rights, and higher expectations of public bodies and decisions.

His comments came after two high-profile court rulings in judicial reviews - one on how the Immigration Department handles torture claims by asylum seekers, and the other on a government ban denying inmates the right to vote.

Lord Woolf, a former lord chief justice of England and Wales, and a non-permanent judge of the Hong Kong Court of Final Appeal, told the conference that the judiciary, through the judicial review process, was the executive's partner in good governance, and not the opposite

'It should be the aim of judicial review to enhance the relationship between the executive and the judiciary in promoting a spirit of partnership between them ... It should be a primary objective of the partnership to improve the quality of public administration,' Lord Woolf said.