11 Jul 2013
LEUNG CHUN YING v. HO CHUN YAN ALBERT AND ANOTHER
- Citation
- LEUNG CHUN YING v. HO CHUN YAN ALBERT AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV24/2012
ss32 and 33 of the CEEO must be read together: where s33 persons challenge an election on s32(1)(a) or (b) grounds they must do so by election petition (as of right) and not by judicial review; non‑s33 persons may, subject to ordinary locus standi and leave requirements, bring judicial review or other proceedings to challenge whether a declared Chief Executive can lawfully assume office and may in principle rely on similar substantive grounds; the absolute seven‑day time limit in s34(1) does not infringe the core of Article 35 and is constitutionally permissible; Mr Ho's election petition was…