Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Returning officer powers

Legal area

Court

2 Sept 2019

CHOW TING v. TENG YU YAN ANNE (THE RETURNING OFFICER FOR THE HONG KONG ISLAND CONSTITUENCY) AND ANOTHER

Citation

[2019] HKCFI 2135
Court

Court of First Instance
Case number

HCAL804/2018

The court held that s40(1)(b)(i) requires an objective, substantive intention to uphold the Basic Law and pledge allegiance; the Returning Officer was required to give the petitioner a reasonable opportunity to respond to adverse materials before invalidating the nomination; the failure to afford that opportunity was a material irregularity; accordingly the Election Petition was allowed and the declared result set aside (Au Nok Hin was not duly elected).
13 Feb 2018

CHAN HO TIN v. LO YING KI ALAN AND OTHERS

Citation

[2018] HKCFI 345
Court

Court of First Instance
Case number

HCAL162/2016

On a proper construction of the Legislative Council Ordinance and in light of the Basic Law and its interpretative context, the Declaration to uphold the Basic Law and pledge allegiance is a substantive requirement for valid nomination. A Returning Officer may consider extrinsic materials, including responses to a Confirmation Form, and invalidate a nomination where there is cogent, clear and compelling objective evidence that the candidate lacked the genuine intention required at the time of nomination; procedural fairness requires giving the candidate an opportunity to respond and regard to…