Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Equality/non-discrimination
  • 7 Dec 2010

    CHAN YU NAM v. THE SECRETARY FOR JUSTICE

    Citation
    CHAN YU NAM v. THE SECRETARY FOR JUSTICE
    Court
    Court of Appeal
    Case number
    CACV2/2010

    Corporate voting in functional constituencies under ss.25 and 26 of the Legislative Council Ordinance is not unconstitutional: Article 26 does not, properly construed in its context and purpose, prohibit the legislature from allowing corporate participation in functional constituency elections; the Basic Law and its Annexes, the legislative history and the principle of gradual and orderly progress support corporate voting; the discrimination claim fails because the franchise for functional constituencies is designed to represent sectoral stakeholders rather than to privilege property owners.