28 Sept 2020
CHAN HOI YAN v. LAU SIU LAI AND ANOTHER
- Citation
- [2020] HKCFA 31
- Court
- Court of Final Appeal
- Case number
- FAMV92/2020
The failure of the returning officer to afford an intending candidate any opportunity to be heard before invalidating a nomination is a material irregularity that can vitiate the election result; the court need not determine the substantive question of the candidate's intent where the procedural breach alone renders the irregularity material; accordingly the applications for leave to appeal were dismissed as not reasonably arguable.