WONG YUN KEUNG SIMON v. LAM CHEUK TING

WONG YUN KEUNG SIMON v. LAM CHEUK TING

The petitioner failed to prove, on the required objective and sufficiently demanding standard, that the respondent's banners and leaflet, singly or in combination, implicitly or inferentially published the alleged materially false or misleading statements; therefore the petition challenging the election on the ground of illegal conduct under s26(2) was dismissed and the respondent was declared duly elected.

Citation
WONG YUN KEUNG SIMON v. LAM CHEUK TING
Parties
Petitioner: WONG YUN KEUNG SIMON; Third Candidate: Lau Hon Kin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 2016
Case Number
HCAL29/2016
Procedural Posture
Election Petition Under the District Councils Ordinance / Trial and Judgment
Outcome
Petition dismissed; respondent declared duly elected
Legal Topics
Illegal Conduct at Elections, Misleading Statements in Campaign Materials, Election Petition Procedure, Statutory Interpretation, Materiality of Statements
Source Language
EN
Electoral Law Constitutional Law Criminal Law Administrative Law Illegal Conduct at Elections Misleading Statements in Campaign Materials Election Petition Procedure Statutory Interpretation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

WONG YUN KEUNG SIMON

Petitioner

Lau Hon Kin

Third Candidate

Procedural Posture

Election Petition Under the District Councils Ordinance / Trial and Judgment

Legal Issues

  1. 1 Whether the respondent published implicitly or inferentially materially false or misleading statements of fact about the petitioner in campaign materials
  2. 2 Whether any such statements were material in that they may have affected how voters cast their votes

Ratio Decidendi

The petitioner failed to prove, on the required objective and sufficiently demanding standard, that the respondent's banners and leaflet, singly or in combination, implicitly or inferentially published the alleged materially false or misleading statements; therefore the petition challenging the election on the ground of illegal conduct under s26(2) was dismissed and the respondent was declared duly elected.

Court Disposition

Petition dismissed; respondent declared duly elected

Orders

  • Petition dismissed
  • Respondent declared duly elected pursuant to s55(2) District Councils Ordinance