19 Jan 1995
LAU SAN CHING v. APOLLONIA LIU, the Returning Officer of Kwai Tsing District
- Citation
- LAU SAN CHING v. APOLLONIA LIU, the Returning Officer of Kwai Tsing District
- Court
- Court of First Instance
- Case number
- HCMP3215/1994
The court found on the facts that the petitioner remained ordinarily resident in Hong Kong for the ten-year relevant period despite being absent for 7 years 5 months because the absence was involuntary imprisonment and did not destroy his habitual and settled connection to Hong Kong; the Returning Officer's rejection of the nomination was therefore incorrect and the petitioner was qualified for nomination; obiter the ten-year immediately preceding residence requirement in s.18(2) raises serious proportionality concerns under Article 21 of the Bill of Rights.