26 Jan 2000
TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER
- Citation
- TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV278/1999
The Court held that elections of village representatives are public affairs given governmental involvement and the political role of village representatives; therefore ICCPR Article 25 (via Bill of Rights/Basic Law Article 39) and Basic Law Article 26 apply. Excluding non-indigenous villagers from voting or standing in village elections, and the sex/marital status distinctions identified, were unlawful and discriminatory (including contrary to Sex Discrimination Ordinance s.35). The Secretary for Home Affairs (and District Officers) must ensure approval of successful candidates is exercised c…