30 Jul 2012
RE LEUNG KWOK HUNG
- Citation
- RE LEUNG KWOK HUNG
- Court
- Court of First Instance
- Case number
- HCAL83/2012
Section 32 of the Chief Executive Election Ordinance, read in both English and Chinese, confines challenges on the enumerated grounds to election petitions; therefore the applicants’ challenges that fall within s32 must proceed by election petition (HCAL 85), not by parallel judicial review. In the exercise of discretion, permitting parallel JR would be an abuse of process given HCAL 85 is on foot. Article 47(1) does not provide a basis to challenge pre-office conduct or to remove the Chief Executive by JR; removal is governed by the impeachment mechanism under the Basic Law.