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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
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IN THE MATTER of CHAN YIU TAK the Applicant
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IN THE MATTER of Section 31(2)(a)(i) of Elections (Corrupt and Illegal Conduct) Ordinance, Cap. 554
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Coram: Hon Chung J in Court
Date of Hearing: 30 March 2004
Date of Judgment: 30 March 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 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.
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(Andrew Chung) |
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Judge of the Court of First Instance |
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High Court |
Representation:
Mr Anthony Lo, instructed by Messrs Ho, Tse, Wai & Partners, for the Applicant
Mr Clifford Tavares, of Department of Justice
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