郭卓堅 v. 鄭泳舜

郭卓堅 v. 鄭泳舜

The application for leave was refused because the Applicant singularly failed to adduce relevant evidence that the Putative Respondent advocates Hong Kong independence contrary to Article 104 of the Basic Law, and therefore disqualification was not established.

Citation
[2018] HKCFI 593
Parties
Applicant: Applicant; Putative Respondent: Putative Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 March 2018
Case Number
HCAL415/2018
Procedural Posture
Judicial Review / Application for Leave
Outcome
Leave refused; application dismissed
Legal Topics
Legislative Disqualification, Advocacy of Independence, Oath and Declaration
Source Language
EN
Constitutional Law Electoral Law Administrative Law Legislative Disqualification Advocacy of Independence Oath and Declaration

Case Brief

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Parties

Applicant

Applicant

Putative Respondent

Putative Respondent

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether advocating Hong Kong independence disqualifies a person from Legislative Council membership under Article 104 of the Basic Law
  2. 2 Whether the Applicant adduced sufficient evidence that the Putative Respondent advocates independence or the formation of Hong Kong as a separate state
  3. 3 What evidential standard and materials (eg founding articles or manifesto of a political party, words and conduct) are required to establish advocacy of independence for disqualification purposes

Ratio Decidendi

The application for leave was refused because the Applicant singularly failed to adduce relevant evidence that the Putative Respondent advocates Hong Kong independence contrary to Article 104 of the Basic Law, and therefore disqualification was not established.

Court Disposition

Leave refused; application dismissed

Orders

  • Application for leave to apply for judicial review dismissed