Hong Kong Case Law: Decisions & Judgments

Topic

Illegal conduct at elections

Legal area

Court

11 Feb 2021

KOO YEUNG PONG v. CHAN KIM KAM

Citation

[2021] HKCFI 344
Court

Court of First Instance
Case number

HCAL270/2020

Applying a stringent approach to meaning and materiality, the court found the Petitioner failed to prove the Respondent published materially false or misleading statements for the purpose proscribed by s 26(1). The Respondent provided reasonable grounds and documentary explanations for her figures and classifications and established a bona fide belief in the truth of the statements, or else any inaccuracies were not material to the alleged illegality. The petition therefore failed and must be dismissed.
30 Nov 2016

WONG YUN KEUNG SIMON v. LAM CHEUK TING

Citation

WONG YUN KEUNG SIMON v. LAM CHEUK TING
Court

Court of First Instance
Case number

HCAL29/2016

The petitioner failed to prove, on the required objective and sufficiently demanding standard, that the respondent's banners and leaflet, singly or in combination, implicitly or inferentially published the alleged materially false or misleading statements; therefore the petition challenging the election on the ground of illegal conduct under s26(2) was dismissed and the respondent was declared duly elected.
11 Jul 2013

LAM KIN MAN v. LEUNG WAI KUEN EDWARD AND ANOTHER

Citation

LAM KIN MAN v. LEUNG WAI KUEN EDWARD AND ANOTHER
Court

Court of Final Appeal
Case number

FAMV11/2013

Leave to appeal refused because the proposed questions lacked sufficient merit: the first question was academic and the second was not reasonably arguable; Lam JA correctly refused s31 relief because the non-compliance with s27(1) was not shown to be inadvertent or for reasonable cause, the after-the-event declarations were inadequate, s30 did not apply, and given the narrow two-vote margin and public interest in prompt determination the discretion was properly exercised against the applicant.

Hong Kong Case Law

KOO YEUNG PONG v. CHAN KIM KAM

WONG YUN KEUNG SIMON v. LAM CHEUK TING

LAM KIN MAN v. LEUNG WAI KUEN EDWARD AND ANOTHER