RE LAU TAK CHEONG ADRIAN

HCMP 472/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 472 OF 2004

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J U D G M E N T

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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.