Re Lau Tak Cheong Adrian
Read the full judgment text of HCMP 472/2004 on BabelCite. This High Court CFI judgment was delivered on 30 March 2004.
1. This is an application brought pursuant to section 35(2), Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).
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HCMP000472/2004 HCMP 472/2004 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NO. 472 OF 2004 ____________
____________ Coram: Hon Chung J in Court Date of Hearing: 30 March 2004 Date of Judgment: 30 March 2004 _______________ J U D G M E N T _______________ 1.This is an application brought pursuant to section 35(2), Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). 2.The applicant, who was a candidate in the District Council election, published during the said election leaflets which did not show the publisher's name, address, number of copies printed and the date on which they were printed. This is a non-compliance with section 34(1), Cap. 554. 3.This application is unopposed by the Department of Justice. I am satisfied that the non-compliance was due to inadvertence and was not due to bad faith and I believe it to be just that the applicant should not be subjected to the penalties imposed by section 34. 4.Accordingly, I exercise my discretion in making an order allowing the said publication to be excepted from the relevant requirements under section 34 and relieving the applicant from the penalties imposed by that section.
Representation: Mr Anthony Lo, instructed by Messrs Ho, Tse, Wai & Partners, for the Applicant Mr Clifford Tavares, of Department of Justice |