Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Electoral procedure

  • 18 Sept 2014

    CHAU TSUN KIU v. SECRETARY FOR JUSTICE

    Citation
    CHAU TSUN KIU v. SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCAL112/2012

    The impugned provisions do not amount to direct or indirect discrimination under BL25/26 or BOR21(b)/22 because they confer equal statutory entitlements on all candidates; any unequal practical exposure results from other candidates' voluntary decisions not from the statutory scheme and therefore the requisite effective causal link between political view/status and the disadvantage is absent; consequently the provisions are constitutional.

  • 2 Dec 2004

    CHU HON WAH v. HERMAN CHO

    Citation
    CHU HON WAH v. HERMAN CHO
    Court
    Court of First Instance
    Case number
    HCAL127/2003

    The handwritten tick on the ballot paper constituted a mark going beyond an expression of choice and, viewed with surrounding circumstances, was a mark by which the elector could possibly be identified under Reg 78(1)(a); therefore the ballot should not have been counted, reducing Choi's total by one and resulting in a tie; the Presiding Officer's reliance on the elector's clear intention was irrelevant to the identification prohibition.