11 Jul 2017
KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
- Citation
- KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
- Court
- Court of Final Appeal
- Case number
- FACV12/2016
s39(2A) is constitutional: the provision pursues a legitimate aim (deterrence of resignations intended to trigger by‑elections), is rationally connected to that aim, and, given the political context and extensive consultation, the legislature is entitled to a wide margin of appreciation so that the impugned measure is not manifestly without reasonable foundation; the restriction is proportionate when balanced overall and the appeal is dismissed.