9 Sept 1994
FUNG CHAN KI, RICH Ex-parte
- Citation
- FUNG CHAN KI, RICH Ex-parte
- Court
- Court of Appeal
- Case number
- CACV161/1994
Majority held that challenges to a returning officer's decision to invalidate nomination papers constitute complaints about a "material irregularity relating to [an] election" and, once the election process has begun, such challenges fall within the exclusive election‑petition procedure under s.30(2) and s.31; Reg.9(7) is intra vires and reinforces finality; accordingly the Court dismissed the appeals and affirmed that judicial review is generally not the proper pre‑election remedy (although one judge stated judicial review may be available in exceptional cases but refused relief on discretio…