CHONG WING FAI WINFIELD v. CHEUNG KWOK KWAN AND ANOTHER

CHONG WING FAI WINFIELD v. CHEUNG KWOK KWAN AND ANOTHER

The petitioner failed to prove that any of the challenged electors gave false addresses at registration or that corrupt conduct or material irregularity was generally prevalent or sufficient to affect the 24 vote margin. There is no statutory duty to report change of address and an elector whose name remains on the...

Source-derived case information.

Citation
CHONG WING FAI WINFIELD v. CHEUNG KWOK KWAN AND ANOTHER
Parties
Petitioner: Chong Wing Fai Winfield; 1st Respondent: Cheung Kwok Kwan; 2nd Respondent (returning Officer for the Sai Wan Constituency): Ho Ng Ching Ching Winnie; Intervener: Chief Electoral Officer
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 March 2013
Case Number
HCAL10/2012
Procedural Posture
Election Petition (district Council Election) / Final Judgment (court of First Instance)
Outcome
Petition dismissed; 1st Respondent duly elected
Legal Topics
Voter Eligibility, Corrupt Conduct, Material Irregularity, Electoral Register, Registration of Electors
Source Language
en
Electoral Law Administrative Law Constitutional Law Voter Eligibility Corrupt Conduct Material Irregularity Electoral Register Registration of Electors

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Parties

Chong Wing Fai Winfield

Petitioner

Cheung Kwok Kwan

1st Respondent

Ho Ng Ching Ching Winnie

2nd Respondent (returning Officer for the Sai Wan Constituency)

Chief Electoral Officer

Intervener

Procedural Posture

Election Petition (district Council Election) / Final Judgment (court of First Instance)

Legal Issues

  1. 1 Whether votes cast by electors who had moved without updating their registered addresses amounted to corrupt conduct under s16 ECICO
  2. 2 Whether failure to report change of address disqualifies an elector or renders a vote irregular
  3. 3 Whether false addresses were given at time of registration

Ratio Decidendi

The petitioner failed to prove that any of the challenged electors gave false addresses at registration or that corrupt conduct or material irregularity was generally prevalent or sufficient to affect the 24 vote margin. There is no statutory duty to report change of address and an elector whose name remains on the existing final register is legally entitled to vote unless the ERO is satisfied otherwise; therefore voting after moving without informing the REO does not constitute corrupt conduct under s16 ECICO and does not invalidate the election.

Court Disposition

Petition dismissed; 1st Respondent duly elected

Orders

  • Petition dismissed
  • Costs order nisi: Petitioner to pay costs of the 1st Respondent, the 2nd Respondent and the Intervener, to be taxed if not agreed