Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Election expenses limit
  • 27 Sept 1994

    Re LEUNG KAM HO, GILBERT

    Citation
    Re LEUNG KAM HO, GILBERT
    Court
    Court of First Instance
    Case number
    HCMP2357/1994

    Relief under s.26 was refused because the election agent had deliberately or recklessly remained ignorant of his legal duties (turned a blind eye), so the excess payments could not be characterised as reasonable inadvertence; moreover there were material factual disputes about good faith and amounts paid, and an application under s.26 requires admission of the illegal practice and no dispute of relevant facts, therefore the court had no basis to grant exemption.