8 Dec 2008
LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE AND ANOTHER
- Citation
- LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL82/2008
Blanket, automatic and indiscriminate statutory provisions that disqualify from registration and voting any person sentenced to imprisonment (regardless of sentence length, nature of offence, stage of sentence or likelihood of release) are disproportionate and unjustified under art 21 of the Hong Kong Bill of Rights read with art 26 of the Basic Law; remanded (unconvicted) persons retain the right to vote and the EAC/government must make arrangements to enable voting for detained persons; refusal to change registrant's address to a prison cell was lawfully decided on dwelling‑place grounds.