International Law

Authors: Yang-Wahn Hew, Kevin Lau

Butterworths Hong Kong Immigration Law Handbook - Fourth Edition contains new material, cases, and commentary on various sections of Cap.115. Some of the key updates include the contents and impact of the 2021 amendments to the Ordinance which relate primarily to the processing of torture / non-refoulement claims at Part VIIC and Schedule 1A of Cap.115 as well as recent case law on the same topic, including those relating to the handling of child claimants, the rule in Browne v Dunn in proceedings before the Torture Claims Appeal Board, and the potential impact of the amendments to section 37ZT on the late filing of notices of appeal.

Authors: Eric Cheung, Carter Chim, Gary Meggitt

In 2021, in addition to general updates for each topic that enable readers to keep abreast of the latest developments in procedural laws in civil litigation, this title has substantially revised the part on legal professional privilege to discuss the recent judicial developments both in Hong Kong and other common law jurisdictions and the unsettled areas in this regard. It also raises an interesting and important discussion as to whether “legal advice privilege” and “litigation privilege” should be treated as two “distinct conceptual animals” instead of “two branches of the same tree”, as explained by the Canadian Supreme Court in Blank v Canada (Minister for Justice) [2006] 2 SCR 319. How that may affect the scope and application of the two heads of privilege in Hong Kong remains to be seen.

This seventh edition also includes an entirely new chapter on judicial review. Not only does it provide a step-by-step guide for those who may need to handle judicial review proceedings, but it also explains the boundary of judicial review by reference to the administrative court’s jurisdiction, the concept of justiciability, and the administrative court’s discretion. It is a user-friendly chapter, especially for those who are not familiar with judicial review.