11 Mar 2009
CHAN KIN SUM SIMON v. SECRETARY FOR JUSTICE AND ANOTHER
- Citation
- CHAN KIN SUM SIMON v. SECRETARY FOR JUSTICE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL79/2008
The court held that ss 31(1)(a) and (b) (registration restrictions) and ss 53(5)(a) and (b) (voting restrictions) of the Legislative Council Ordinance (Cap 542) are unconstitutional and inconsistent with Basic Law arts 26 and 39 and Hong Kong Bill of Rights art 21(b)/ICCPR art 25(b); the Electoral Affairs Commission has a statutory duty under specified provisions to make arrangements to enable remanded unconvicted persons and prisoners who are registered electors and held in custody on election day to access polling stations and/or voting facilities; a declaration of breach in respect of the…