11 Jul 2013
SECRETARY FOR JUSTICE v. HO CHUN YAN, ALBERT AND OTHERS
- Citation
- SECRETARY FOR JUSTICE v. HO CHUN YAN, ALBERT AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV27/2012
The Court held that ss32 and 33 of the CEEO mean that where persons within the s33 class challenge an election on grounds specified in s32(1)(a) or (b) they must do so by election petition and not by judicial review; non-s33 persons may nevertheless seek judicial review on such grounds subject to ordinary standing and leave requirements. The absolute seven-day limit in s34(1) does not infringe Article 35 Basic Law when read in the context and purpose of the CEEO regime and is therefore constitutional. Mr Ho's election petition was time-barred and should be struck out; the earlier costs order…