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Written by: Zhu Dixin
2020-08-07 16:21
Last update date: 2020-08-07 16:21Huang Zhifeng signed up for the district council election last year. He said that when he answered the questioning of the Returning Officer, he had stated that he did not support Hong Kong independence. However, the Returning Officer pointed out that Huang did not sincerely abandon it, and ruled that Huang's nomination was invalid for reasons such as using Hong Kong independence as an option for self-determination. Huang filed a judicial review in this regard, and today (7th) applied for a review permission in the High Court. The lawyer representing Huang pointed out that the interpretation by the National People's Congress did not touch on district elections, and that it did not apply to district council elections. He also emphasized that the judicial review was filed instead of an election petition. I want to make the elected in the district improperly elected.
The applicant was Huang Zhifeng, and the respondent was the Returning Officer of the Department of Justice and South Horizons West.
Before the hearing, Huang Zhifeng pointed out that the court had been closed earlier and the case had not been processed until the review permit. The irony is that he wanted to run for the Legislative Council election during this period, but was again "DQ".
Emphasize that it is not an election petition
And Wu Aiyi, the barrister representing Huang, said that Huang's application for judicial review was only to challenge the legality of the Returning Officer's decision. He did not file an election petition because if the election petition wins, it will affect the results of the district's election. However, Huang did not intend to make the district electees improperly elected, so he only filed a judicial review.
Wu also pointed out that the relevant provisions of the District Councils Ordinance did not prohibit Huang from applying for judicial review. What he challenged this time was only the decision of the Returning Officer. If conditions do not allow Huang to apply for judicial review, Wu believes that the provision is unconstitutional.
NPC interpretation did not touch district councils
Wu believes that the National People's Congress has interpreted Article 104 of the Basic Law, but believes that the interpretation did not touch the district councils. Wu believes that the Returning Officer has no right to consider whether candidates are sincere when they sign the declaration of support for the Basic Law.
Wu pointed out that Huang Zhifeng had responded to the Returning Officer. He did not support Hong Kong independence and was still ruled that the nomination was invalid. Wu questioned the "DQ" objective standards.
Case number: HCAL 346/2020
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Wong Chi Fung District Council Election 2019-Southern District-South Horizons West Judicial Review Court