Hong Kong Case Law: Decisions & Judgments

Topic

Remanded persons voting

Legal area

Court

11 Mar 2009

CHOI CHUEN SUN v. SECRETARY FOR JUSTICE AND ANOTHER

Citation

CHOI CHUEN SUN v. SECRETARY FOR JUSTICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL83/2008

The court held that ss 31(1)(a) and (b) and ss 53(5)(a) and (b) of the Legislative Council Ordinance (Cap 542) are inconsistent with Articles 26 and 39 of the Basic Law and art 21(b) of the Hong Kong Bill of Rights (art 25(b) ICCPR) and are unconstitutional; the Electoral Affairs Commission has a statutory duty under the Electoral Affairs Commission Ordinance (Cap 541) and associated regulations to make arrangements, as far as within its powers, to provide remanded unconvicted persons and prisoners who are registered electors and held in custody on election day with access to polling stations…
8 Dec 2008

CHAN KIN SUM v. SECRETARY FOR JUSTICE AND ANOTHER

Citation

CHAN KIN SUM v. SECRETARY FOR JUSTICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL79/2008

Blanket and automatic disenfranchisement and the registration ban imposed by ss 31(1)(a)(b) and 53(5)(a)(b) are disproportionate and unjustified restrictions on the constitutional right to vote (Basic Law art 26 and Hong Kong Bill of Rights art 21) as applied to persons sentenced to imprisonment; remanded persons retain the right to vote in law and the EAC has a duty to make arrangements to enable detained unconvicted persons to vote in practice; EAC correctly refused change of registered address to a prison cell on the facts; applicant Leung had standing.
8 Dec 2008

LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE AND ANOTHER

Citation

LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE AND ANOTHER
Court

Court of First Instance
Case number

HCAL82/2008

Blanket, automatic and indiscriminate statutory provisions that disqualify from registration and voting any person sentenced to imprisonment (regardless of sentence length, nature of offence, stage of sentence or likelihood of release) are disproportionate and unjustified under art 21 of the Hong Kong Bill of Rights read with art 26 of the Basic Law; remanded (unconvicted) persons retain the right to vote and the EAC/government must make arrangements to enable voting for detained persons; refusal to change registrant's address to a prison cell was lawfully decided on dwelling‑place grounds.

Hong Kong Case Law

CHOI CHUEN SUN v. SECRETARY FOR JUSTICE AND ANOTHER

CHAN KIN SUM v. SECRETARY FOR JUSTICE AND ANOTHER

LEUNG KWOK HUNG v. SECRETARY FOR JUSTICE AND ANOTHER