8. Inordinate delay
A decision-maker must not unreasonably delay the making of a decision. This may amount to abuse and could result in a quashing of such decision.
The obvious case would be where a statutory time limit for consideration of an application is exceeded. If no such time limit is specified, section 70 of the Interpretation and General Clauses Ordinance (Cap. 1) provides that “where no time is prescribed or allowed within which anything shall be done, such thing shall be done without unreasonable delay, and as often as due occasion arises”.
What constitutes unreasonable delay is to be determined by the relevant circumstances seen in light of what is to be taken as the intent of the relevant statutory or regulatory scheme. However, it is only where the delay is so unreasonable that it constitutes abuse of power that a decision may be open to challenge: Kam Wai Hung v. Secretary for Justice (HCAL 2546/2001, [2002] HKEC 495), (appeal dismissed: (CACV 264/2002, [2003] HKEC 197)).
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