11 Jul 2013
RE HO CHUN YAN ALBERT
- Citation
- RE HO CHUN YAN ALBERT
- Court
- Court of Final Appeal
- Case number
- FACV1/2013
Court held that ss 32 and 33 must be read together: s33 persons challenging on s32(1)(a) or (b) grounds can only do so by election petition; non-s33 persons may still challenge whether a declared Chief Executive can lawfully assume office by judicial review (subject to standing and leave); s34(1)'s seven-day non-extendable limit does not impair the essence of the Article 35 right and is constitutional; accordingly Mr Ho's election petition was time-barred and should be struck out; the costs order of 28 September 2012 was set aside and replaced with no order as to costs (order nisi made for ap…