Hong Kong Case Law: Decisions & Judgments

Topic

Postponement of election

Legal area

Court

7 Feb 2023

LEUNG FONG WAI FERGUS v. SECRETARY FOR JUSTICE

Citation

[2023] HKCFI 296
Court

Court of First Instance
Case number

HCMP77/2022

The Court granted the amended originating summons under s40(1) and s40(5) because, viewed against the unprecedented postponement of the 2020 election, the invalidation of the applicant's nomination, the applicant's reasonable but mistaken belief he was no longer a candidate, the failure of reminders to reach him due to his election assistants' filtering, the inadvertent loss/destruction of some documents following a police search and office vacation, and the applicant's detention on national security charges causing delay, the delay and missing documentation were attributable to inadvertence…
19 Nov 2021

TE WING CHI v. SECRETARY FOR JUSTICE

Citation

[2021] HKCFI 3473
Court

Court of First Instance
Case number

HCMP981/2021

Given the unprecedented postponement and the Regulation changing the deadline, the court found the applicant's failure to file was inadvertence, not bad faith, satisfying s40(2)(c) ECICO; relief was granted permitting the applicant to lodge the election return out of time and the court awarded costs against the applicant in the sum of HKD 20,000.
6 Aug 2020

TAN GUOYUAN v. CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER

Citation

[2020] HKCFI 1823
Court

Court of First Instance
Case number

HCAL1583/2020

The application for leave was dismissed because it was overtaken by events when the Government postponed the election and, in any event, no leave would have been granted because the Secretary's letter did not evidence a final decision and the application was premature; judicial review requires a final decision.
9 Jan 1999

CHAN WAH v. HANG HAU RURAL COMMITTEE AND ANOTHER

Citation

CHAN WAH v. HANG HAU RURAL COMMITTEE AND ANOTHER
Court

Court of First Instance
Case number

HCAL112/1998

The court ordered postponement of the election pending judicial review because a large number (291) of potentially eligible voters had been excluded, making their votes potentially decisive, there was real uncertainty that post-election remedies would adequately vindicate their rights, the term of office would not expire immediately (minimizing prejudice), and an expedited timetable could resolve the dispute in time to hold a properly constituted election; accordingly balance of convenience and risk of injustice favored an interlocutory injunction.

Hong Kong Case Law

LEUNG FONG WAI FERGUS v. SECRETARY FOR JUSTICE

TE WING CHI v. SECRETARY FOR JUSTICE

TAN GUOYUAN v. CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER

CHAN WAH v. HANG HAU RURAL COMMITTEE AND ANOTHER