Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

By-election disqualification

Legal area

Court

22 Oct 2015

KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS

Citation

KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
Court

Court of Appeal
Case number

CACV57/2014

The Court of Appeal held that s39(2A) pursues legitimate aims (deterring engineered resignations and protecting the electoral system), is rationally connected to those aims and is a proportionate response; because the issue is predominantly political the legislature is entitled to a due margin of appreciation and the appeal is dismissed.
5 Mar 2014

KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS

Citation

KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
Court

Court of First Instance
Case number

HCAL72/2012

Applying a due margin of appreciation to the legislature in the electoral context, the court found s 39(2A) pursues a legitimate aim (deterring resignations engineered to trigger by‑elections and protecting electoral integrity), is rationally connected to that aim, and is proportionate (time‑limited, targeted and the product of consultation and legislative debate); therefore s 39(2A) is compatible with BL26 and BOR21 and the judicial review is dismissed.