20 Dec 2019
AU NOK HIN v. TENG YU YAN ANNE (THE RETURNING OFFICER FOR THE HONG KONG ISLAND CONSTITUENCY) AND ANOTHER
- Citation
- [2019] HKCFA 50
- Court
- Court of Final Appeal
- Case number
- FAMV307/2019
Where an election petition establishes a statutory ground (material irregularity) under the Ordinance the court must determine that the person was not duly elected; the court has no discretion to retain the elected candidate based on political considerations or representativeness; applicants who took a neutral stance below and now rely on new, unsupported facts cannot obtain leave to appeal.