Administrative & Constitutional Law

When the state oversteps its authority, the consequences can be devastating—a business shuttered overnight by a regulatory caprice, a family torn apart by wrongful deportation, or an individual detained without lawful cause. At Jal N. Karbhari, Solicitors & Notary, we exist to restore the balance of power.

Hong Kong's legal framework provides robust mechanisms to hold public authorities accountable. But these remedies are procedural minefields. Miss a filing deadline by a single day, or omit a single required document, and your rights are extinguished permanently. We navigate these strict rules so you can challenge government overreach with confidence.

Individuals & Families

Facing wrongful detention, unfair visa refusals, immigration hearings, or breaches of personal liberty.

Business Owners & Corporations

Challenging revoked trading licenses, unlawful planning decisions, or disproportionate regulatory fines.

Professionals

Contesting adverse disciplinary findings or statutory body decisions that threaten your livelihood and reputation.

1. Judicial Review (Challenging Unlawful Government Decisions)

Judicial Review is the primary legal weapon against public bodies that act outside their legal authority. We do not simply re-argue the merits of a decision—we attack the legality of it. Was the decision-maker biased? Did they ignore relevant factors? Did they fail to follow mandatory procedures?

We manage the entire lifecycle of a Judicial Review application, from the critical application for leave (you must obtain the court's permission to even proceed) through to the substantive hearing. We also specialise in securing urgent interim injunctions to suspend harmful decisions—such as deportation orders or license revocations—while your case is pending.

2. Habeas Corpus (Urgent Court Review of Unlawful Detention)

If you or a loved one is being arbitrarily detained by police, immigration authorities, or correctional services, time is measured in hours, not days. A Habeas Corpus petition is an ancient, powerful remedy that compels the detaining authority to physically produce the prisoner before the High Court and justify the legality of the detention.

We treat Habeas Corpus matters as 24/7 emergencies. We can draft, file, and serve the petition to the Duty Judge within hours, often securing a court hearing within 24 to 48 hours. If the state cannot justify the detention, the prisoner walks free.

3. Bill of Rights & Fundamental Rights Challenges

Hong Kong's Bill of Rights Ordinance (Cap. 383) and the Basic Law enshrine fundamental liberties, including freedom of speech, privacy, and protection from torture or degrading treatment.

We bring constitutional challenges against legislation, government policies, or administrative practices that infringe these protected rights.

Our remedies include:

Declarations that a law or policy is unconstitutional.

Quashing Orders to strike down unlawful decisions.

Compensation for the breach of your constitutional rights where the law allows.

4. Damages Claims for Unlawful Administrative Action

When government overreach causes you quantifiable harm—lost profits, legal costs, reputational damage, or physical and psychological injury—we pursue civil claims for damages alongside your public law challenge.

We plead claims in the torts of misfeasance in public office (deliberate abuse of power), false imprisonment, and negligence by public authorities. These claims require meticulous evidence-gathering and precise legal pleading.

Whether you are fighting an unlawful detention, a revoked business license, an unfair regulatory penalty, or a constitutional violation, the clock is ticking on your limitation periods.

Contact our Administrative & Constitutional Law lawyers in Hong Kong today for a confidential case assessment.

Call us: +(852) 2367 7577

Email us: inquiries@karbharilaw.com

Visit us

Rooms 703-705, 7/F, Cheung Lee Commercial Building, No. 25 Kimberley Road, Tsim Sha Tsui, Hong Kong