A. Constitutional challenges
General speaking, other than the legality of administrative actions, judicial review proceedings may also be used to challenge the constitutionality of any administrative act and/or enactments (such as ordinances or regulations), and an applicant may rely on the provisions of the Basic Law and/or the Hong Kong Bill of Rights Ordinance (Cap. 383) to make the challenge.
The Courts of Hong Kong have the power to interpret the Basic Law and to declare an administrative act contrary to the Basic Law, subject to the power of interpretation of the Standing Committee of the National People’s Congress: See e.g. Article 158 of the Basic Law; Lau Kong Yung & Ors v Director of Immigration (1999) 2 HKCFAR 300.
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