Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Temporary suspension order

  • 11 Mar 2009

    CHAN KIN SUM SIMON v. SECRETARY FOR JUSTICE AND ANOTHER

    Citation
    CHAN KIN SUM SIMON v. SECRETARY FOR JUSTICE AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAL79/2008

    The court held that ss 31(1)(a) and (b) (registration restrictions) and ss 53(5)(a) and (b) (voting restrictions) of the Legislative Council Ordinance (Cap 542) are unconstitutional and inconsistent with Basic Law arts 26 and 39 and Hong Kong Bill of Rights art 21(b)/ICCPR art 25(b); the Electoral Affairs Commission has a statutory duty under specified provisions to make arrangements to enable remanded unconvicted persons and prisoners who are registered electors and held in custody on election day to access polling stations and/or voting facilities; a declaration of breach in respect of the…

  • 11 Mar 2009

    CHOI CHUEN SUN v. SECRETARY FOR JUSTICE AND ANOTHER

    Citation
    CHOI CHUEN SUN v. SECRETARY FOR JUSTICE AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAL83/2008

    The court held that ss 31(1)(a) and (b) and ss 53(5)(a) and (b) of the Legislative Council Ordinance (Cap 542) are inconsistent with Articles 26 and 39 of the Basic Law and art 21(b) of the Hong Kong Bill of Rights (art 25(b) ICCPR) and are unconstitutional; the Electoral Affairs Commission has a statutory duty under the Electoral Affairs Commission Ordinance (Cap 541) and associated regulations to make arrangements, as far as within its powers, to provide remanded unconvicted persons and prisoners who are registered electors and held in custody on election day with access to polling stations…