LEUNG WING HUNG v. YUEN KWAI CHOI

LEUNG WING HUNG v. YUEN KWAI CHOI

The court found on the evidence that the respondent published materially false or misleading statements of fact in his first leaflet (accusations of false representation, concealment of occupation, obtaining trust by deception and dishonest conduct) which were made to promote his election and prejudice the...

Source-derived case information.

Citation
LEUNG WING HUNG v. YUEN KWAI CHOI
Parties
Petitioner: Petitioner; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 2008
Case Number
HCAL10/2008
Procedural Posture
Election Petition / Judgment
Outcome
Respondent's election declared void; respondent not duly elected; no other person declared duly elected
Legal Topics
Illegal Conduct, Election Petition, Publication of False Statements, Misrepresentation, S 26 Elections (corrupt and Illegal Conduct) Ordinance, S 49 District Councils Ordinance
Source Language
en
Electoral Law Administrative Law Criminal Law Illegal Conduct Election Petition Publication of False Statements Misrepresentation S 26 Elections (corrupt and Illegal Conduct) Ordinance +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Petitioner

Petitioner

Respondent

Respondent

Procedural Posture

Election Petition / Judgment

Legal Issues

  1. 1 Whether respondent published materially false or misleading statements of fact about the petitioner in election leaflets
  2. 2 Whether the impugned statements were statements of fact or opinion
  3. 3 Whether the statements were published for the purpose of promoting the respondent's election or prejudicing the petitioner's election

Ratio Decidendi

The court found on the evidence that the respondent published materially false or misleading statements of fact in his first leaflet (accusations of false representation, concealment of occupation, obtaining trust by deception and dishonest conduct) which were made to promote his election and prejudice the petitioner; those acts constitute illegal conduct under s 26(2) and, on the facts (serious allegations, large distribution shortly before a very close poll), the respondent was not duly elected.

Court Disposition

Respondent's election declared void; respondent not duly elected; no other person declared duly elected

Orders

  • The election is void and the respondent is not duly elected
  • No other person is declared duly elected (s 55(2) District Councils Ordinance)