5 Mar 2014
KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
- Citation
- KWOK CHEUK KIN v. SECRETARY FOR CONSTITUTIONAL AND MAINLAND AFFAIRS
- Court
- Court of First Instance
- Case number
- HCAL72/2012
Applying a due margin of appreciation to the legislature in the electoral context, the court found s 39(2A) pursues a legitimate aim (deterring resignations engineered to trigger by‑elections and protecting electoral integrity), is rationally connected to that aim, and is proportionate (time‑limited, targeted and the product of consultation and legislative debate); therefore s 39(2A) is compatible with BL26 and BOR21 and the judicial review is dismissed.