D. Alternative remedy
One important role of judicial review is that it is a remedy of last resort. Case law has established the general principle that an applicant should exhaust all appeal procedures or other alternative remedies before resorting to judicial review. Where alternative remedies have not been exhausted, the court may in the exercise of its discretion refuse to grant leave to apply for judicial review. However, exceptionally the court may still allow the judicial review to continue. Ultimately, the primary concern of the court is whether to do so would be in the interest of justice.
By way of a recent example, in Incorporated Owners of Tak Fan Lau v Building Authority [2021] HKCFI 902, a case concerning a decision by the Building Authority, the Court refused an application for leave on grounds including that the applicant ought to have pursued the statutory appeal procedure first.
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