25 Mar 2021
LEE HIN LONG (TIMOTHY LEE) v. SECRETARY FOR JUSTICE
- Citation
- [2021] HKCFI 779
- Court
- Court of First Instance
- Case number
- HCMP1183/2020
The court held that "consented in writing" under s27(1A) ECICO must be a single standalone written consent document and cannot be inferred from chains of WhatsApp/Telegram/Facebook messages or composite correspondence; applying the criminal-equivalent standard of proof, the court found R1 lacked prior written consent for S6 and S7 and that the failures were reckless rather than inadvertent, so R1 failed to satisfy the statutory tests for relief under s31 ECICO and s107 EACR; accordingly R1's election was invalid and his office declared vacant.