Keynote address by the Secretary for Justice, Mr Wong Yan Lung ...
Keynote address by the Secretary for Justice, Mr Wong Yan Lung ...
Keynote address by the Secretary for Justice, Mr Wong Yan Lung ...
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
- 11 -application. There have been occasions where <strong>the</strong> Government,with a view to clarifying certain matters of principle affectingproper governance, may have to apply <strong>for</strong> judicial review,particularly to seek declaratory relief.25. The <strong>Secretary</strong> <strong>for</strong> Education, <strong>for</strong> example, brought anapplication <strong>for</strong> judicial review to challenge a finding <strong>by</strong> aCommission of Inquiry which concluded, on <strong>the</strong> Government’sinterpretation, that direct contacts of a senior government officerwith academic members of an education institution to protestagainst <strong>the</strong> critical views of <strong>the</strong> latter, without any threat of sanctionor reprisal, would constitute improper interference with academicfreedom 17 . The Government is concerned that an unreasonablylow threshold <strong>for</strong> improper interference with academic freedom hasbeen set and, if allowed to stand, is likely to seriously affect <strong>the</strong>dealings between government officials and academic institutions in<strong>the</strong> future. Since <strong>the</strong> judgment in this judicial review is stillreserved, I must refrain from discussing <strong>the</strong> matter fur<strong>the</strong>r.However, this is a case in point demonstrating ano<strong>the</strong>r obviousconnection between judicial review and good governance.“Effective” judicial review17<strong>Secretary</strong> <strong>for</strong> <strong>Justice</strong> v. Commission of Inquiry on Allegations relating to <strong>the</strong> Hong Kong Institute ofEducation HCAL 108 of 2007