Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Article 47 basic law

  • 28 Sept 2012

    RE LEUNG KWOK HUNG

    Citation
    RE LEUNG KWOK HUNG
    Court
    Court of First Instance
    Case number
    HCAL83/2012

    Given the concurrent election petition and substantial overlap, the applicants failed to justify parallel judicial review; their conduct and tactical duplication amounted to unusual circumstances permitting a costs award. The court ordered each applicant to pay half the costs of the Respondent on a party‑to‑party basis, to be taxed if not agreed, with a certificate for two counsel, and refused indemnity costs.

  • 30 Jul 2012

    RE LEUNG KWOK HUNG

    Citation
    RE LEUNG KWOK HUNG
    Court
    Court of First Instance
    Case number
    HCAL83/2012

    Section 32 of the Chief Executive Election Ordinance, read in both English and Chinese, confines challenges on the enumerated grounds to election petitions; therefore the applicants’ challenges that fall within s32 must proceed by election petition (HCAL 85), not by parallel judicial review. In the exercise of discretion, permitting parallel JR would be an abuse of process given HCAL 85 is on foot. Article 47(1) does not provide a basis to challenge pre-office conduct or to remove the Chief Executive by JR; removal is governed by the impeachment mechanism under the Basic Law.