26 Jan 2000
CHAN WAH v. HANG HAU RURAL COMMITTEE AND OTHERS
- Citation
- CHAN WAH v. HANG HAU RURAL COMMITTEE AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV137/1999
Village representative elections are public affairs because District Offices and the Secretary for Home Affairs play a substantive role; exclusion of non-indigenous villagers from voting or candidature lacks lawful justification and breaches ICCPR/Bill of Rights (Article 21/25) as incorporated by Basic Law Article 39 and Basic Law Article 26, and certain election arrangements also breach s.35 of the Sex Discrimination Ordinance; accordingly the declarations below were justified and the appeals are dismissed (with the re-election order in one case set aside).