13 Feb 2018
CHAN HO TIN v. LO YING KI ALAN AND OTHERS
- Citation
- [2018] HKCFI 345
- Court
- Court of First Instance
- Case number
- HCAL162/2016
On a proper construction of the Legislative Council Ordinance and in light of the Basic Law and its interpretative context, the Declaration to uphold the Basic Law and pledge allegiance is a substantive requirement for valid nomination. A Returning Officer may consider extrinsic materials, including responses to a Confirmation Form, and invalidate a nomination where there is cogent, clear and compelling objective evidence that the candidate lacked the genuine intention required at the time of nomination; procedural fairness requires giving the candidate an opportunity to respond and regard to…