MOK CHARLES PETER v. TAM WAI HO AND ANOTHER

MOK CHARLES PETER v. TAM WAI HO AND ANOTHER

The videos, while self-promotional, were not political advertisements before the election period; however their availability on the candidate's websites during the election period rendered them election advertisements for which copies should have been furnished and the hosting/licence cost during the election period ($20,000) constituted the relevant election expense; the admitted omissions were inadvertent and rectifiable and did not amount to material irregularity or corrupt conduct warranting annulment of the election.

Citation
MOK CHARLES PETER v. TAM WAI HO AND ANOTHER
Parties
Petitioner: Mok Charles Peter; 1st Respondent: Tam Wai Ho; 2nd Respondent: Vincent Fung Hao-Yin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 April 2009
Case Number
HCAL141/2008
Procedural Posture
Legislative Council Election Petition and Related Election Specified Proceedings Under Elections (corrupt and Illegal Conduct) Ordinance / Hearing and Judgment in the Court of First Instance (judgment Delivered)
Outcome
Petition dismissed; Dr Tam declared validly elected; leave granted to rectify Return; police investigation noted; costs and consequential orders to be heard
Legal Topics
Election Expenses, Election Advertisements, Disclosure Obligations, Rectification of Returns, Annulment of Election, Broadcast Advertising Regulation
Source Language
EN
Constitutional and Administrative Law Electoral Law Broadcasting Law Criminal Law (election Offences) Election Expenses Election Advertisements Disclosure Obligations Rectification of Returns +2 more

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Parties

Mok Charles Peter

Petitioner

Tam Wai Ho

1st Respondent

Vincent Fung Hao-Yin

2nd Respondent

Procedural Posture

Legislative Council Election Petition and Related Election Specified Proceedings Under Elections (corrupt and Illegal Conduct) Ordinance / Hearing and Judgment in the Court of First Instance (judgment Delivered)

Legal Issues

  1. 1 Whether pre-election television videos constituted political/election advertisements
  2. 2 Whether videos made available during the election period were election advertisements requiring furnishing copies to the Returning Officer under Regulations s.102
  3. 3 Whether cost of videos should be included in election expenses and, if so, what quantum

Ratio Decidendi

The videos, while self-promotional, were not political advertisements before the election period; however their availability on the candidate's websites during the election period rendered them election advertisements for which copies should have been furnished and the hosting/licence cost during the election period ($20,000) constituted the relevant election expense; the admitted omissions were inadvertent and rectifiable and did not amount to material irregularity or corrupt conduct warranting annulment of the election.

Court Disposition

Petition dismissed; Dr Tam declared validly elected; leave granted to rectify Return; police investigation noted; costs and consequential orders to be heard

Orders

  • Petition dismissed
  • Dr Tam granted leave to correct his Return to include the admitted omissions