LAI KWONG MA AND OTHERS v. TANG HOP WAN AND ANOTHER

LAI KWONG MA AND OTHERS v. TANG HOP WAN AND ANOTHER

The matters in dispute involved substantial and foreseeable questions of fact (voter eligibility under the committee constitution and the existence/credibility of bribery rumours and the District Officer's knowledge), therefore the proceedings should have been commenced by writ not originating summons; costs awarded to the defendant.

Citation
LAI KWONG MA AND OTHERS v. TANG HOP WAN AND ANOTHER
Parties
1st Plaintiff: LAI KWONG MA; 2nd Plaintiff: SEK HEE MA; 3rd Plaintiff: TANG KAR YEE; 4th Plaintiff: TANG CHAI ON (suing on behalf of himself and Tang Chi Ping, Tang Fung Nien, Tang Kwun Dok, Tang Ying Lin, Tang Shing Tai, Poon Yuen Hang and Wu Ting Fong); 1st Defendant: TANG HOP WAN; 2nd Defendant: ATTORNEY GENERAL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 1975
Case Number
HCMP249/1975
Procedural Posture
Original Jurisdiction Miscellaneous Proceedings (village Representative/chairman Election) / Directions Hearing in Chambers; Proceedings Continued as If Commenced by Writ (pre Trial)
Outcome
Proceedings should have been instituted by writ; costs awarded to 1st defendant with certificate for Counsel; case to proceed under directions agreed and issued.
Legal Topics
Validity of Election, Judicial Review of Administrative Discretion, Procedure for Commencing Proceedings (originating Summons Vs Writ), Allegations of Bribery, Costs
Source Language
EN
Administrative Law Electoral Law Public Law Procedural Law Validity of Election Judicial Review of Administrative Discretion Procedure for Commencing Proceedings (originating Summons Vs Writ) Allegations of Bribery +1 more

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Parties

LAI KWONG MA

1st Plaintiff

SEK HEE MA

2nd Plaintiff

TANG KAR YEE

3rd Plaintiff

TANG CHAI ON (suing on behalf of himself and Tang Chi Ping, Tang Fung Nien, Tang Kwun Dok, Tang Ying Lin, Tang Shing Tai, Poon Yuen Hang and Wu Ting Fong)

4th Plaintiff

TANG HOP WAN

1st Defendant

ATTORNEY GENERAL

2nd Defendant

Procedural Posture

Original Jurisdiction Miscellaneous Proceedings (village Representative/chairman Election) / Directions Hearing in Chambers; Proceedings Continued as If Commenced by Writ (pre Trial)

Legal Issues

  1. 1 Whether proceedings should have been commenced by originating summons or by writ given likelihood of substantial disputes of fact
  2. 2 Whether the validity of the Ha Tsuen Rural Committee constitution and voter eligibility could be resolved without trial
  3. 3 Whether allegations/rumours of bribery needed to be proven and whether the District Officer knew of credible rumours such as to postpone the chairman election

Ratio Decidendi

The matters in dispute involved substantial and foreseeable questions of fact (voter eligibility under the committee constitution and the existence/credibility of bribery rumours and the District Officer's knowledge), therefore the proceedings should have been commenced by writ not originating summons; costs awarded to the defendant.

Court Disposition

Proceedings should have been instituted by writ; costs awarded to 1st defendant with certificate for Counsel; case to proceed under directions agreed and issued.

Orders

  • Costs awarded to 1st defendant with a certificate for Counsel.
  • Draft directions submitted by consent are ordered to be the directions in the case with the number of days for steps to be inserted by the judge.