LAU WING HONG v. CHAN YUEN MAN, AMY (Returning Officer for the New Territories East Geographical Constituency) AND ANOTHER

LAU WING HONG v. CHAN YUEN MAN, AMY (Returning Officer for the New Territories East Geographical Constituency) AND ANOTHER

The court exercised its discretion in the interest of justice: the short four‑day delay caused by solicitor error did not justify dismissal; the petitioner was legally aided and there was no real prejudice to the Returning Officer; accordingly the court granted a retrospective extension to file the inter partes summons and dispensed with the requirement to give security under s66, while ordering costs against the petitioner and disallowing legal aid taxation nisi.

Citation
[2018] HKCFI 1290
Parties
Petitioner: LAU Wing-hong; 1st Respondent (returning Officer): CHAN Yuen-man, Amy; 2nd Respondent: FAN Gary Kwok-wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 June 2018
Case Number
HCAL844/2018
Procedural Posture
Election Petition (legislative Council Ordinance) / Interlocutory — Applications for Directions on Security and Extension of Time
Outcome
Interlocutory relief granted: ex parte summons withdrawn; retrospective extension of time granted; security requirement dispensed with; costs ordered against petitioner; legal aid taxation disallowed nisi.
Legal Topics
Security for Costs, Nomination Validity, Extension of Time, Directions Under Statute, Procedural Irregularity
Source Language
EN
Election Law Constitutional Law Administrative Law Civil Procedure Security for Costs Nomination Validity Extension of Time Directions Under Statute +1 more

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Parties

LAU Wing-hong

Petitioner

CHAN Yuen-man, Amy

1st Respondent (returning Officer)

FAN Gary Kwok-wai

2nd Respondent

Procedural Posture

Election Petition (legislative Council Ordinance) / Interlocutory — Applications for Directions on Security and Extension of Time

Legal Issues

  1. 1 Whether to extend time to apply for directions under Section 66 and Rules 6–7
  2. 2 Whether the petitioner’s obligation to give security under s66 should be waived or dispensed with
  3. 3 Whether the ex parte procedure was properly used

Ratio Decidendi

The court exercised its discretion in the interest of justice: the short four‑day delay caused by solicitor error did not justify dismissal; the petitioner was legally aided and there was no real prejudice to the Returning Officer; accordingly the court granted a retrospective extension to file the inter partes summons and dispensed with the requirement to give security under s66, while ordering costs against the petitioner and disallowing legal aid taxation nisi.

Court Disposition

Interlocutory relief granted: ex parte summons withdrawn; retrospective extension of time granted; security requirement dispensed with; costs ordered against petitioner; legal aid taxation disallowed nisi.

Orders

  • Leave granted to withdraw the Ex Parte Directions Summons
  • Retrospective extension of time granted for the petitioner to file the Inter Partes Directions Summons on 21 May 2018