Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Right to vote and stand for election

  • 22 Dec 2000

    SECRETARY FOR JUSTICE OTHERS v. CHAN WAH AND OTHERS

    Citation
    SECRETARY FOR JUSTICE OTHERS v. CHAN WAH AND OTHERS
    Court
    Court of Final Appeal
    Case number
    FACV11/2000

    Village representatives engage in the conduct of public affairs and the 1999 electoral arrangements that exclude non-indigenous villagers from voting or standing are unreasonable restrictions under Article 21(a) of the Bill of Rights; the arrangements also contravened the Sex Discrimination Ordinance in Mr Chan's case; Article 40 does not confer derivative exclusive political rights on indigenous villagers sufficient to override these statutory human rights protections.

    • Right to vote and stand for election
    • Bill of rights (iccpr) application
    • Sex discrimination
    • Indigenous rights under basic law article 40
    • Judicial review
    • Statutory interpretation

  • 26 Jan 2000

    TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER

    Citation
    TSE KWAN SANG v. PAT HEUNG RURAL COMMITTEE AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV278/1999

    The Court held that elections of village representatives are public affairs given governmental involvement and the political role of village representatives; therefore ICCPR Article 25 (via Bill of Rights/Basic Law Article 39) and Basic Law Article 26 apply. Excluding non-indigenous villagers from voting or standing in village elections, and the sex/marital status distinctions identified, were unlawful and discriminatory (including contrary to Sex Discrimination Ordinance s.35). The Secretary for Home Affairs (and District Officers) must ensure approval of successful candidates is exercised c…

    • Village representative elections
    • Right to vote and stand for election
    • Iccpr/bill of rights/basic law application
    • Sex discrimination ordinance s.35
    • Heung yee kuk ordinance s.3 approval
    • Justiciability and remedies (declaratory relief)