Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ordinary residence requirement

Legal area

Court

2 Sept 1994

In re LAU SAN CHING

Citation

In re LAU SAN CHING
Court

Court of First Instance
Case number

HCMP2302/1994

The court held that the statutory scheme and Regulation 9(7) confined challenges to nomination validity to the election petition procedure; Regulation 9(7) was intra vires and the availability of election petitions provided an adequate and expeditious remedy consistent with fair hearing requirements, therefore the applicants' motions for judicial review were dismissed.
6 Mar 1990

RE TAN KOK CHENG

Citation

RE TAN KOK CHENG
Court

Court of First Instance
Case number

HCMP3473/1989

Section 27(2)(b), read as a whole, does confer a discretion to admit persons who fail to meet subsection (1A) provided the Court is satisfied of their bona fides and intention to be ordinarily resident; purposive construction and legislative history were not required as the statutory language could be interpreted without them, and the discretion was properly exercised to admit these applicants generally.