Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Election nomination

  • 27 Jul 2016

    LEUNG TIN KEI EDWARD v. ELECTORAL AFFAIRS COMMISSION

    Citation
    LEUNG TIN KEI EDWARD v. ELECTORAL AFFAIRS COMMISSION
    Court
    Court of First Instance
    Case number
    HCAL133/2016

    The court refused to treat the applications as urgent and declined to entertain pre-election determination because applicants had an adequate alternative remedy (post-election election petition), could submit nominations without the contested Confirmation Form so no irreversible prejudice was shown, and binding authority prohibits intermediate pre-election judicial review except in rare compelling cases.

  • 22 Mar 2012

    陳鈺麟 對 香港特別行政區選舉管理委員會

    Citation
    陳鈺麟 對 香港特別行政區選舉管理委員會
    Court
    Court of First Instance
    Case number
    HCAL32/2012

    Leave to apply for judicial review was refused because the statutory scheme confines challenges to election petitions and the applicant did not have standing under s33, and because on the merits the applicant's Article 23-based arguments were not arguable and had been repeatedly rejected by the courts, so judicial discretion to grant leave was properly refused.

  • 24 Nov 2010

    RE TANG KAI TAK

    Citation
    RE TANG KAI TAK
    Court
    Court of First Instance
    Case number
    HCAL120/2010

    Pre-election judicial review challenging nomination is barred because the proper remedy is an election petition; interim relief affecting nomination or the conduct of the election will not be granted except in the most exceptional cases; challenges to exclusion from final register of electors are not treated urgently here but may proceed by ordinary judicial review process after applicant reviews transcripts and files evidence.