Re Chan Yiu Tak
Read the full judgment text of HCMP 473/2004 on BabelCite. This High Court CFI judgment was delivered on 30 March 2004.
1. This is an application brought pursuant to section 31(2)(a)(i), Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).
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HCMP000473/2004 HCMP 473/2004 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NO. 473 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 31(2)(a)(i), Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). 2.The applicant was a candidate in the District Council election. Out of ignorance at the material time, he erroneously stated in his election advertisement leaflets that he was a member of a "Festival Celebration Activities Committee" when, unknown to him, he was disqualified from being a committee member thereof. 3.This application is unopposed by the Department of Justice. I am satisfied that the above act was due to the applicant's inadvertence or due to reasonable cause and was not due to bad faith and I believe it to be just that he should not be subjected to penalties and disqualifications that are imposed by, or could be imposed under, an electoral law. 4.Accordingly, in exercise of my discretion, I will make an order to the above effect pursuant to section 31(2), Cap. 554.
Representation: Mr Anthony Lo, instructed by Messrs Ho, Tse, Wai & Partners, for the Applicant Mr Clifford Tavares, of Department of Justice |