12 Sept 2012
HO CHUN YAN, ALBERT v. LEUNG CHUN YING AND ANOTHER
- Citation
- HO CHUN YAN, ALBERT v. LEUNG CHUN YING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL85/2012
The court held it has jurisdiction to entertain an election petition after the Chief Executive assumes office; the 7-working-day lodging limit in s34 engages the constitutional right of access to court and fails the proportionality requirement because there is internal inconsistency with s39 which allows a residual discretion; accordingly s34 must be read to include a residual judicial discretion to extend time analogous to s39(2); the pleaded ECICO s26 claim based on the May 2011 statement was not arguable as continued publication by the candidate could not be established, but the March 2012…