8 Dec 2008
CHAN KIN SUM v. SECRETARY FOR JUSTICE AND ANOTHER
- Citation
- CHAN KIN SUM v. SECRETARY FOR JUSTICE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL79/2008
Blanket and automatic disenfranchisement and the registration ban imposed by ss 31(1)(a)(b) and 53(5)(a)(b) are disproportionate and unjustified restrictions on the constitutional right to vote (Basic Law art 26 and Hong Kong Bill of Rights art 21) as applied to persons sentenced to imprisonment; remanded persons retain the right to vote in law and the EAC has a duty to make arrangements to enable detained unconvicted persons to vote in practice; EAC correctly refused change of registered address to a prison cell on the facts; applicant Leung had standing.