Decisions which are normally not amenable to judicial review may nonetheless be, if made in ‘bad faith’. But what is bad faith, and in what circumstances will an allegation of bad faith against a public body be made out?

These questions were recently addressed in 

Tang Chiu Man and Lam Ka Fun Anita v Secretary for Justice for the Director of Lands 

[2025] HKCFI 3253. The second applicant was the previous Assistant Director of Lands. She and her husband (the first applicant) applied to the Lands Department (

) to rebuild 4 small houses on their New Territories lots in 2012 (

). While the Application was being reviewed, media reports suggested that the second applicant used insider information to purchase the lots.

Though the second applicant was eventually cleared of all allegations of misconduct, LandsD took roughly 8 years to approve the Application. When the Application was approved in 2021, it was still affixed with 33 conditions (

On the principles relating to bad faith, Coleman J held that:

Dismissing the challenge, the Court held that in its general nature the Decision was not amenable to judicial review because the Government was essentially acting in a private contractual capacity as landlord in respect of the land lease.

Further, no exception based on bad faith could be established: the Applicant’s claims could not be made out on the facts, particularly as the alleged ulterior motive would have had to be shared, intentionally, and over a significant period by various officers within LandsD and other government bureaux.

 and Gary CC Lam (now His Honour Judge Gary Lam), instructed by the Department of Justice, acted for the Secretary for Justice.

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“Bad Faith” Exception for Judicial Review Amenability Clarified as Challenge by Former Assistant Director of Lands Dismissed

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