Hong Kong Case Law: Decisions & Judgments

Topic

Nomination validity

Legal area

Court

23 Sept 2020

WONG CHI FUNG v. SECRETARY FOR JUSTICE AND ANOTHER

Citation

[2020] HKCFI 2444
Court

Court of First Instance
Case number

HCAL346/2020

Applicant's challenge to the Returning Officer's decision was properly characterised as questioning an 'election' within s49 of the DCO because nomination is part of the election process; consistent authority establishes that such challenges must be pursued by election petition and not by judicial review; election petition provides an adequate remedy and s49 is not unconstitutional for rendering judicial review unavailable; accordingly leave to apply for judicial review is dismissed.
21 May 2020

LAU SIU LAI v. KWOK WAI FUN, FRANCO (RETURNING OFFICER FOR THE KOWLOON WEST GEOGRAPHICAL CONSTITUENCY) AND ANOTHER

Citation

[2020] HKCFI 787
Court

Court of First Instance
Case number

HCAL245/2019

The Returning Officers failure to give the petitioner a proper opportunity to respond to the materials he intended to rely upon rendered his decision to invalidate the nomination a material irregularity under the Ordinance; accordingly the election result was invalid and the 2nd respondent was not duly elected, with no other candidate found duly elected.
7 Dec 2018

LEUNG TIN KEI EDWARD v. ELECTORAL AFFAIRS COMMISSION [Decision on Leave Application]

Citation

[2018] HKCFI 2702
Court

Court of First Instance
Case number

HCAL133/2016

Leave to apply for judicial review was refused because the proposed grounds were not reasonably arguable with a realistic prospect of success, the correct remedy for challenging nomination validity is an election petition after the election, and Chan Ho Tin v Lo Ying-Ki established that the EAC may request a Confirmation Form on a voluntary basis and that a Returning Officer may take it into account.
7 Dec 2018

CHAN TAK CHEUNG AND ANOTHER v. ELECTORAL AFFAIRS COMMISSION [Decision on Leave Application]

Citation

[2018] HKCFI 2702
Court

Court of First Instance
Case number

HCAL134/2016

Leave to apply for judicial review was refused because the proposed grounds were not reasonably arguable, the appropriate remedy for a candidate aggrieved by nomination validity is an election petition after the election, and existing authority (Chan Ho Tin v Lo Ying‑Ki Alan) establishes that the EAC may request a Confirmation Form on a voluntary basis and the Returning Officer may take it into account, rendering the proposed challenges without merit.
11 Jun 2018

LAU WING HONG v. CHAN YUEN MAN, AMY (Returning Officer for the New Territories East Geographical Constituency) AND ANOTHER

Citation

[2018] HKCFI 1290
Court

Court of First Instance
Case number

HCAL844/2018

The court exercised its discretion in the interest of justice: the short four‑day delay caused by solicitor error did not justify dismissal; the petitioner was legally aided and there was no real prejudice to the Returning Officer; accordingly the court granted a retrospective extension to file the inter partes summons and dispensed with the requirement to give security under s66, while ordering costs against the petitioner and disallowing legal aid taxation nisi.
13 Feb 2018

CHAN HO TIN v. LO YING KI ALAN AND OTHERS

Citation

[2018] HKCFI 345
Court

Court of First Instance
Case number

HCAL162/2016

On a proper construction of the Legislative Council Ordinance and in light of the Basic Law and its interpretative context, the Declaration to uphold the Basic Law and pledge allegiance is a substantive requirement for valid nomination. A Returning Officer may consider extrinsic materials, including responses to a Confirmation Form, and invalidate a nomination where there is cogent, clear and compelling objective evidence that the candidate lacked the genuine intention required at the time of nomination; procedural fairness requires giving the candidate an opportunity to respond and regard to…
4 May 2000

LIN SHUI LIN v. WONG HON HO AND ANOTHER

Citation

LIN SHUI LIN v. WONG HON HO AND ANOTHER
Court

Court of First Instance
Case number

HCAL14/2000

The petitioner remained an ordinary resident despite temporary studies abroad and therefore was eligible to stand; the 1st respondent's decision invalidating her nomination was incorrect; consequently the 2nd respondent was not duly elected and no other person was duly elected, and the 1st respondent must pay the petitioner's costs with the specified arrangements and release of security.
22 Dec 1994

LIU SING LEE v. RICHARD LUK FONG CHUN and Another

Citation

LIU SING LEE v. RICHARD LUK FONG CHUN and Another
Court

Court of First Instance
Case number

HCMP2479/1994

The plain meaning of s.8 requires that an elector may subscribe only once in an election and that the first delivered subscription consumes that elector’s one subscription irrespective of whether the first nomination is later declared invalid; applying that rule the petitioner’s nomination lacked the required ten valid subscribers and the returning officer’s declaration of invalidity was correct, so the petition must be dismissed.
2 Sept 1994

FUNG CHAN KI, RICHARD v. CHOW TAT MING, THOMAS

Citation

FUNG CHAN KI, RICHARD v. CHOW TAT MING, THOMAS
Court

Court of First Instance
Case number

HCMP2312/1994

Judicial review applications were dismissed: Regulation 9(7) and the statutory election‑petition scheme operate so that challenges to nomination validity are to be pursued by election petition; Regulation 9(7) is intra vires; applicants' contention for immediate judicial review was rejected to preserve statutory electoral procedures and integrity; therefore motions dismissed and costs to be heard.
2 Sept 1994

CHAN PO MING, ERIC v. CHOW TAT MING, THOMAS

Citation

CHAN PO MING, ERIC v. CHOW TAT MING, THOMAS
Court

Court of First Instance
Case number

HCMP2263/1994

Regulation 9(7) and the election petition provisions in Cap.367 are intra vires and the statutory scheme channels challenges to nomination validity into election petitions; accordingly judicial review of the Returning Officers' nomination decisions is not available in these motions and the applications for leave for judicial review are dismissed.