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RE HEUNG CHEUK KEI

Judgment Cited in Precedent Map Related
Vincent
Judgment Date09 January 2007
CourtHigh Court (Hong Kong)
Judgement NumberHCMP2660/2006
Subject MatterMiscellaneous Proceedings
HCMP002660/2006 RE HEUNG CHEUK KEI

HCMP 2660/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2660 OF 2006

____________________

IN THE MATTER of Heung Cheuk-Kei(香灼璣), the Applicant
AND
IN THE MATTER of 2006 Election Committee Subsector Election
AND
IN THE MATTER of Section 31 of the Elections (Corrupt and Illegal Conduct), Cap. 554

____________________

Before : Hon. Lam J in Court

Date of Hearing : 9 January 2007

Date of Judgment : 9 January 2007

____________________

J U D G M E N T

____________________

1. This is an application for relief under Section 31 of the Elections (Corrupt and Illegal Conduct) Ordinance. Under that section the court may grant relief to a candidate who has done or omitted to do an act that but for the exercise of the power under this section would be an illegal conduct at an election.

2. The worry of the applicant is that in the grid paper submitted for the purpose of his elections, there is a mistake as to his age. Instead of 63, it was stated to be 53 and he failed to notice that when he signed that paper, which was prepared by a clerk in the Heung Yee Kuk. Therefore the applicant has a worry that he might be accused of committing an illegal conduct under Section 26 of the ordinance.

3. Section 26 or the ordinance says:

“That a person engages in illegal conduct at an election if the person publishes a materially false or misleading statement of fact about a particular candidate or particular candidates for the purpose of promoting or prejudicing the election of the candidate or candidates.”

4. Now, there are two elements in that section, both of which have to be satisfied before there is any illegal conduct. The first one is the publication of a materially false or misleading statement of fact. In this instance, the mistake about the age could be said to be a false statement, whether it is material or misleading I would not comment further but I would assume that it could be said to be materially false or misleading for present purposes.

5. However, there is a second element, namely, that the publication of such statement is for the purpose of promoting or prejudicing the election of the candidate or candidates.

6. Now, the grid paper was submitted by the applicant and...

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