Lin Shui Lin v. Wong Hon Ho and Another

HCAL000014/2000

HCAL14/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO.14 OF 2000

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Coram: Hon Cheung J in Court

Date of Hearing: 4 May 2000

Date of Determination: 4 May 2000

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DETERMINATION

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1. I am satisfied that despite her absence from Hong Kong, the petitioner was still an ordinary resident in Hong Kong. Her absence was due to her studies in Taiwan and she returned to Hong Kong as soon as her studies were completed. The petitioner should be eligible to stand as a candidate in the District Council election in November 1999. As a result, the decision of the 1st respondent on 21 October 1999 as to the validity of the nomination of the petitioner was not correct.

2. I will now make an order in the following terms :

(1) The 2nd respondent was not duly elected at the North District Council election for the Fung Tsui Constituency held on 28 November 1999.

(2) There was no other person duly elected at the North District Council election for the Fung Tsui Constituency held on 28 November 1999.

3. I further order that :-

(3) The petitioner's costs of and incidental to this petition, including all costs reserved and petitioner's costs regarding the 2nd respondent, be borne and paid by the 1st respondent, such costs to be taxed if not agreed.

(4) The petitioner's own costs be taxed in accordance with the Legal Aid Regulations.

(5) The sum of $20,000 paid into court as security for costs be released to the petitioner through her solicitors, Messrs Wong, Hui & Co.

Representation:

Mr Johnson Lam, instructed by Messrs Wong, Hui & Co., for the Petitioner

Mr William Marshall, SC and Ms Yasmin Mahomed, SGC of Department of Justice, for the 1st Respondent