8 Dec 2008
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
A blanket, automatic and indiscriminate statutory disqualification that prevents persons sentenced to imprisonment from being registered as electors and from voting is a disproportionate and unjustified restriction on the constitutional right to vote (Basic Law art 26; Hong Kong Bill of Rights art 21); remanded (unconvicted) detainees retain the legal right to vote and the EAC must make arrangements to enable their practical exercise of the right; the EAC's refusal to change Choi's registered address to his prison cell was lawful on statutory interpretation of 'principal residence'.