Read the full judgment text of FAMV000003/2010 on BabelCite. This Court of Final Appeal judgment was delivered on 2 June 2010 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ.
Constitutional law – election petition – finality of determination – Legislative Council Ordinance s.67(3) – Basic Law Article 82 – whether finality provisions unconstitutional – Court of Final Appeal – leave to appeal – jurisdiction – The applicant presented an election petition challenging the result for the Information Technology Functional Constituency seat in the 2008 Legislative Council elections. Reyes J dismissed the petition. Section 67(3) of the Legislative Council Ordinance provides that the Court's determination after trying an election petition is final. The Court of Appeal held it lacked jurisdiction to hear an appeal. The applicant argued that the finality provisions are repugnant to Article 82 of the Basic Law. The Appeal Committee granted leave to appeal on the question of whether section 67(3) is inconsistent with Article 82 and therefore unconstitutional. The original application for leave to appeal against Reyes J's order was dismissed. Costs awarded against the applicant for FAMV 3/2010. Appeal fixed for hearing on 18 and 19 November 2010.
Legal issues: Constitutionality of finality provisions in election petition
Outcome: Leave to appeal granted on the constitutional question; original application for leave to appeal against Reyes J's order dismissed.
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