Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

False statements in election materials
  • 18 Jan 2013

    YIP WAH CHING AND ANOTHER v. SECRETARY FOR JUSTICE

    Citation
    YIP WAH CHING AND ANOTHER v. SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCMP744/2012

    The court found that the applicants had published ten materially false or misleading factual statements in their election advertisement but, on the evidence, those statements were made inadvertently—based on genuine misunderstanding of government officers' comments, inexperience and mistaken beliefs rather than bad faith—and therefore relief under s31(2) was justified; accordingly the applicants were relieved from penalties and disqualifications in respect of those statements; costs were ordered against the applicants (they pay their own costs and pay the Secretary for Justice's costs to be t…