LIN SHUI LIN v. WONG HON HO AND ANOTHER

LIN SHUI LIN v. WONG HON HO AND ANOTHER

The petitioner remained an ordinary resident despite temporary studies abroad and therefore was eligible to stand; the 1st respondent's decision invalidating her nomination was incorrect; consequently the 2nd respondent was not duly elected and no other person was duly elected, and the 1st respondent must pay the...

Source-derived case information.

Citation
LIN SHUI LIN v. WONG HON HO AND ANOTHER
Parties
Petitioner: LIN SHUI LIN; 1st Respondent: WONG HON HO; 2nd Respondent: LIU CHIU WA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 May 2000
Case Number
HCAL14/2000
Procedural Posture
Election Petition / Determination
Outcome
Petition allowed in part; 2nd respondent declared not duly elected; no other person duly elected.
Legal Topics
Eligibility to Stand for Election, Nomination Validity, Residency Requirement, Costs and Security for Costs
Source Language
en
Constitutional Law Administrative Law Election Law Eligibility to Stand for Election Nomination Validity Residency Requirement Costs and Security for Costs

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Summary, issues, holding and outcome

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Parties

LIN SHUI LIN

Petitioner

WONG HON HO

1st Respondent

LIU CHIU WA

2nd Respondent

Procedural Posture

Election Petition / Determination

Legal Issues

  1. 1 Whether the petitioner remained an ordinary resident of Hong Kong despite temporary absence for studies abroad
  2. 2 Whether the 1st respondent's decision of 21 October 1999 as to the validity of the petitioner's nomination was correct
  3. 3 Whether the 2nd respondent was duly elected at the North District Council election for the Fung Tsui Constituency held on 28 November 1999

Ratio Decidendi

The petitioner remained an ordinary resident despite temporary studies abroad and therefore was eligible to stand; the 1st respondent's decision invalidating her nomination was incorrect; consequently the 2nd respondent was not duly elected and no other person was duly elected, and the 1st respondent must pay the petitioner's costs with the specified arrangements and release of security.

Court Disposition

Petition allowed in part; 2nd respondent declared not duly elected; no other person duly elected.

Orders

  • The 2nd respondent was not duly elected at the North District Council election for the Fung Tsui Constituency held on 28 November 1999.
  • There was no other person duly elected at the North District Council election for the Fung Tsui Constituency held on 28 November 1999.