Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Validity of nomination

Legal area

Court

13 Sept 2019

LAU WING HONG v. CHAN YUEN MAN, AMY (RETURNING OFFICER FOR THE NEW TERRITORIES EAST GEOGRAPHICAL CONSTITUENCY) AND ANOTHER

Citation

[2019] HKCFI 2287
Court

Court of First Instance
Case number

HCAL844/2018

The returning officer's failure to give the petitioner a reasonable opportunity to respond to the materials she intended to rely upon constituted a material irregularity in the election process; the signed declaration is only prima facie evidence and may be displaced, but procedural fairness required an opportunity to be heard, and accordingly the election result was set aside.
2 Sept 2019

CHOW TING v. TENG YU YAN ANNE (THE RETURNING OFFICER FOR THE HONG KONG ISLAND CONSTITUENCY) AND ANOTHER

Citation

[2019] HKCFI 2135
Court

Court of First Instance
Case number

HCAL804/2018

The court held that s40(1)(b)(i) requires an objective, substantive intention to uphold the Basic Law and pledge allegiance; the Returning Officer was required to give the petitioner a reasonable opportunity to respond to adverse materials before invalidating the nomination; the failure to afford that opportunity was a material irregularity; accordingly the Election Petition was allowed and the declared result set aside (Au Nok Hin was not duly elected).