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
- FACV25/2012
CEEO ss32-33 must be read together: where a s33 person relies on s32(1)(a) or (b) grounds the challenge to a Chief Executive election is available only by election petition; non-s33 persons may challenge by judicial review (subject to leave) including on comparable grounds; s34(1)'s absolute seven-day time limit for lodging election petitions does not infringe the Article 35 right of access to the courts and is constitutional; accordingly Mr Ho's out-of-time election petition was barred and should be struck out, and the earlier costs order is set aside and replaced by no order as to costs.