12 Jan 1995
WONG KIN MAN v. CHAN KOK WAH BEN and Another
- Citation
- WONG KIN MAN v. CHAN KOK WAH BEN and Another
- Court
- Court of First Instance
- Case number
- HCMP2913/1994
The denial to a registered elector of his right to vote, where that elector would have voted for the petitioner and thereby prevented the declared winner from having more votes, is a material irregularity that renders the declared winner not duly elected; the court's power is limited to certifying that result and reporting, and it cannot substitute another person or invoke the drawing of lots where equality was not found at the time of counting; the legal consequence is vacancy under s42(1) and administrative authorities must address filling the vacancy.