13 Nov 2012
LEUNG CHUN YING v. HO CHUN YAN, ALBERT AND ANOTHER
- Citation
- LEUNG CHUN YING v. HO CHUN YAN, ALBERT AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FAMV26/2012
The Court held it has jurisdiction under a purposive construction of section 22(1)(c) to hear leap-frog appeals in CEEO matters; Lam JA was right to strike out the first statement as not falling within ECICO s26 (continued publication argument not reasonably arguable); reading in a discretion to extend time is the proper minimal remedial response to an unconstitutional seven-day limit and the appropriate threshold for granting extension is that the petition has a real prospect of success; applying those principles, the challenges to the election lacked reasonable arguability or real prospect…