13 Nov 2012
RE HO CHUN YAN, ALBERT
- Citation
- RE HO CHUN YAN, ALBERT
- Court
- Court of Final Appeal
- Case number
- FAMV21/2012
The Court held that purposive construction of s22(1)(c) yields jurisdiction for the CFA to hear leap-frog appeals in CEEO matters; Lam JA was correct to strike out the pre-candidacy statement as outside ECICO s26 and to reject the continuation argument; if s34 is unconstitutional the appropriate remedy is to read in a discretion to extend time rather than abolish the limit; the real prospect of success test is an appropriate threshold for granting extensions in this context; on the facts the petition based on the television debate had no real prospect of success and leave to appeal on those s…