Education and Training Committee
Roundtable Discussion No. 1 : Judicial Reviews
6:45 to 8:00pm, Monday, 23 September, HKIP Offices
Send in your registration on or before Wednesday, 18 September 2013
The Roundtable Series is a discussion forum amongst HKIP members, to share experiences and knowledge in relation to a topic relevant to practicing planners in Hong Kong. It is a forum where active participation by those present is encouraged, either by offering views and opinions, or by questioning the views of others present. Sharing of ideas from those in different employment situations will bring a better understanding of how issues are seen from different points of view. Knowledgeable outsiders may be invited to attend to facilitate discussion.
Roundtable No. 1 will examine the impact of Judicial Reviews (JR) on the planning system and the guest contributor will be Mr. Menachem Hasofer, solicitor, from Mayer Brown JSM. The session will be facilitated by Ian Brownlee.
The discussion will be relatively light-hearted, not too legalistic, and cover a wide range of points and issues including:-
The roles of the Town Planner, the Solicitor and the Counsel in a JR;
Who can JR?
How is a JR made and what is the process of getting to the Court?
When and what can be JR'd?
What are the roles of the Parties in a JR?
What can the Court do in a JR?
Settling a JR out of court– why and how?
Making planning law and how it should be applied to the planning process.
Dealing with costs arising from a JR?
Appeals arising from a JR?
There are several judgments which will likely be referred to during the discussion and these can be found at:
CACV407/2007 INTERNATIONAL TRADER LTD v. THE TOWN PLANNING APPEAL BOARD;
HCAL12/2007 SMART GAIN INVESTMENT LTD v. THE CHIEF EXECUTIVE IN COUNCIL AND ANOTHER
HCAL5/2004 SOCIETY FOR PROTECTION OF THE HARBOUR LTD v. TOWN PLANNING BOARD
The Roundtable forums will take place about every 5 to 6 weeks and interesting topics can be suggested by members to the Education and Training Committee.
Each forum counts as 1 hour towards CPD