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HCAL 245/2020
[2021] HKCFI 1329
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST
NO 245 OF 2020
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IN THE MATTER of the District Councils Ordinance (Cap 547) |
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and |
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IN THE MATTER of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554) |
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and |
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IN THE MATTER of a District Council election for the Tai Wai Constituency of Sha Tin District held on 24 November 2019 |
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| BETWEEN |
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TUNG KIN LEI |
Petitioner |
and |
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NG TING LAM |
1st Respondent |
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TANG YIU WING |
2nd Respondent |
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CHAN YUEN MAN, AMY
(RETURNING OFFICER FOR THE SHA TIN DISTRICT COUNCIL) |
3rd Respondent |
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Before: Hon K Yeung J in Chambers
Dates of Letter and Reply Letter by the Petitioner: 15 and 29 March 2021
Date of Reply Submissions by the 2nd Respondent: 23 March 2021
Date of Decision on Costs: 11 May 2021
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DECISION ON COSTS
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1. I hand down this Decision on Costs in English as all related submissions have been made in English.
2. By letter of 15 March 2021, the Petitioner seeks variation of the costs order nisi to the effect that certificate for only one counsel be granted.
3. I have considered parties’ submissions. I have considered Chen Mei Huan v Silver Faith Holdings Limited & Ors [2018] HKCFI 41 cited to me.
4. I repeat the reasons I set out at §45 of the Decision for granting certificate for 2 counsel. I accept also Mr Tam’s submissions that the issue in the present case has never been considered by any Court in Hong Kong, the result of this case has an important and significant bearing upon the conduct of future petitions, the issue is for general public importance, and that detailed research on both the District Councils Ordinance and the Representation of People’s Act 1949 was necessary. I am satisfied that this is an appropriate case for 2 counsel.
5. I decline the application to vary.
6. I order that the costs of this application be to the 2nd Respondent.
7. The 2nd Respondent is to file his statement of costs (covering also the costs for this application) within 7 days of this Decision, the Petitioner to file her response within 7 days upon receipt, and the 2nd Respondent to file his reply within 3. The summary assessment will be conducted on the papers.
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(Keith Yeung)
Judge of the Court of First Instance
High Court |
Letter and Reply Letter by Jimmie K S Wong & Partners,
for the Petitioner
Reply Submissions by Mr Jeffrey C K Tam and Ms Abigail Y Y Liu,
instructed by Ho Tse Wai & Partners, for the 1st and 2nd Respondents
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