LIU SING LEE v. RICHARD LUK FONG CHUN and Another

LIU SING LEE v. RICHARD LUK FONG CHUN and Another

The plain meaning of s.8 requires that an elector may subscribe only once in an election and that the first delivered subscription consumes that elector’s one subscription irrespective of whether the first nomination is later declared invalid; applying that rule the petitioner’s nomination lacked the required ten valid subscribers and the returning officer’s declaration of invalidity was correct, so the petition must be dismissed.

Citation
LIU SING LEE v. RICHARD LUK FONG CHUN and Another
Parties
Petitioner: Liu Sing Lee; 1st Respondent: Richard Luk Fong Chun; 2nd Respondent: Wong Yuk Fan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 December 1994
Case Number
HCMP2479/1994
Procedural Posture
Election Petition / Judgment (petition Dismissed)
Outcome
Petition dismissed; returning officer's decision upheld
Legal Topics
Nomination Validity, Subscriber Eligibility, Returning Officer Decisions, Interpretation of Regulations, Certainty in Elections
Source Language
EN
Electoral Law Administrative Law Statutory Interpretation Nomination Validity Subscriber Eligibility Returning Officer Decisions Interpretation of Regulations Certainty in Elections

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Parties

Liu Sing Lee

Petitioner

Richard Luk Fong Chun

1st Respondent

Wong Yuk Fan

2nd Respondent

Procedural Posture

Election Petition / Judgment (petition Dismissed)

Legal Issues

  1. 1 Whether the petitioner’s nomination paper was validly subscribed within meaning of the Regulations
  2. 2 Whether subscribers to a nomination paper later declared invalid are free to subscribe again
  3. 3 Whether the returning officer’s decision on nomination validity was correct and final

Ratio Decidendi

The plain meaning of s.8 requires that an elector may subscribe only once in an election and that the first delivered subscription consumes that elector’s one subscription irrespective of whether the first nomination is later declared invalid; applying that rule the petitioner’s nomination lacked the required ten valid subscribers and the returning officer’s declaration of invalidity was correct, so the petition must be dismissed.

Court Disposition

Petition dismissed; returning officer's decision upheld

Orders

  • Petition dismissed.
  • No costs sought by the Crown; no order as to costs made in favour of or against the 2nd respondent.