Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Secret ballot

  • 2 Dec 2004

    CHU HON WAH v. HERMAN CHO

    Citation
    CHU HON WAH v. HERMAN CHO
    Court
    Court of First Instance
    Case number
    HCAL127/2003

    The handwritten tick on the ballot paper constituted a mark going beyond an expression of choice and, viewed with surrounding circumstances, was a mark by which the elector could possibly be identified under Reg 78(1)(a); therefore the ballot should not have been counted, reducing Choi's total by one and resulting in a tie; the Presiding Officer's reliance on the elector's clear intention was irrelevant to the identification prohibition.

  • 4 Sept 1998

    CHIANG LAI WAN v. TANG SIU TONG AND ANOTHER

    Citation
    CHIANG LAI WAN v. TANG SIU TONG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMP2575/1998

    The Regulation's s.56 is a mandatory prescription for marking ballots in the special functional constituencies: a single preference must be indicated by the Arabic numeral '1'; ballots marked only with a tick do not comply and must be disallowed, whereas a ballot bearing the required numeral (even if accompanied by an unnecessary tick) may be valid; counterfoils attached to two ballots did not, on the material before the court, enable identification by candidates or the public and were not material. Applying these conclusions, three ballots (nos.1,2 and 4) were invalidated, producing a 23-23…