High Court Ordinance

(1)
An application to the Court of First Instance for one or more of the following
                forms of
relief—
(a)
an order of mandamus, prohibition or certiorari;
(b)
an injunction under
section 21J
restraining a person not
                    entitled to do so from acting in an office to which that section
                    applies,
shall be made in accordance with rules of court by a procedure to be known as
                an application for judicial review.
(2)
An application for a declaration or an injunction (not being an injunction
                mentioned in subsection (1)) may be made in accordance with rules of court by way of
                an application for judicial review, and on such an application the Court of First
                Instance may grant the declaration or injunction claimed if it considers that,
                having regard
to—
(a)
the nature of the matters in respect of which relief may be granted by
                    orders of mandamus, prohibition or certiorari;
(b)
the nature of the persons and bodies against whom relief may be granted by
                    such orders; and
(c)
all the circumstances of the case,
it would be just and convenient for the declaration to be made or the
                injunction to be granted, as the case may be.
(3)
No application for judicial review shall be made unless the leave of the Court
                of First Instance has been obtained in accordance with rules of court; and the court
                shall not grant leave to make such an application unless it considers that the
                applicant has a sufficient interest in the matter to which the application
                relates.
(4)
On an application for judicial review the Court of First Instance may award
                damages to the applicant
if—
(a)
he has joined with his application a claim for damages arising from any
                    matter to which the application relates; and
(b)
the court is satisfied that, if the claim had been made in an action begun
                    by the applicant at the time of making his application, he would have been
                    awarded damages.
(5)
If, on an application for judicial review seeking an order of certiorari, the
                Court of First Instance quashes the decision to which the application relates, the
                Court of First Instance may remit the matter to the court, tribunal or authority
                concerned, with a direction to reconsider it and reach a decision in accordance with
                the findings of the Court of First Instance.
(6)
Where the Court of First Instance considers that there has been undue delay in
                making an application for judicial review, the Court may refuse to
grant—
(a)
leave for the making of the application; or
(b)
any relief sought on the application,
if it considers that the granting of the relief sought would be likely to
                cause substantial hardship to, or substantially prejudice the rights of, any person
                or would be detrimental to good administration.
(7)
Subsection (6) is without prejudice to any enactment or rule of court which has
                the effect of limiting the time within which an application for judicial review may
                be made.