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We successfully resisted applications of two incumbent legislators brought before the Appeal Committee of the Court of Final Appeal to seek leave to appeal to the Court of Final Appeal from judgments of The Honourable Lam JA dismissing an election petition and related applications for leave for judicial review. In the determination, the Appeal Committee identified two questions of law of great general or public importance viz

(a) How do challenges to a Chief Executive election by way of an election petition relate to challenges pursuant to the judicial review procedure?

(b) Does the seven-day time limit in our statute involve any infringement of the right of access to court and therefore unconstitutional?

The Appeal Committee gave leave to the parties to appeal on the above questions though they had become academic.

(FAMV 21, 22, 24-26, 34-36 of 2012)

http://legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?DIS=84330&currpage=T

 


 


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FAMV 21, 22, 24-26, 34-36 of 2012

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