Controversial new rule for Legco elections candidates faces first batch of legal challenges
Localist activist Edward Leung and League of Social Democrats chairman Avery Ng file separate applications for judicial review of measure
The High Court will hold an urgent hearing on Wednesday to decide whether to allow a legal challenge to a new election rule targeting independence advocates.
Candidates preparing to run in September’s Legislative Council elections on Monday filed two separate applications for judicial reviews, arguing that the city’s election watchdog had acted beyond its powers.
Three aspirants are racing against time to get a court decision before the nomination period for candidates ends on Friday.
In a related development, two more localist candidates received inquiries from the Electoral Affairs Commission about their stance on independence.
Radical localist leader Edward Leung Tin-kei and two pan-democrat candidates, Avery Ng Man-yuen and Chan Tak-cheung, challenged the legality of the commission’s new confirmation form, which asks candidates to specifically acknowledge three parts of the Basic Law that state Hong Kong is an inalienable part of China.
The new requirement is a supplement to the standard declaration which asks candidates to pledge they will uphold the Basic Law in general.
The applications filed by the trio urged the court to declare the new form illegal, as a result of the election watchdog’s “misinterpretation” of the law and acting beyond its powers.
Returning officers, they argued in the writs, were not legally entitled to determine whether candidates were “bona fide” in signing their nomination forms, because their duties were confined by the law to ensuring only that the nomination form included the usual declaration, and that it was signed.
They also argued that although officers had limited legal power to invalidate a candidate’s application, the power lay largely in procedural matters, such as the nomination form not being completed or the candidate’s failure to pay deposits.
If those officers are allowed to make inquires on how genuine the candidates are with the declaration, “it is tantamount to empowering the returning officer to ascertain the political view of the candidate in order to determine whether he is validly nominated”, the writs continued.
They likened the new measure to asking candidates if they supported same-sex relationships or Article 23 of the Basic Law, which requires the city to enact its own version of national security legislation.
Leung, who is required to reply to the commission on Tuesday, said he would ask the court to clarify the law urgently. After he submitted his nomination last week, signing only the standard declaration, he was approached by a returning officer by email, asking him to clarify whether he would continue to push for the city’s independence.
The Hong Kong National Party’s Andy Chan Ho-tin was contacted for follow-up inquiries.
Localist Alvin Cheng Kam-mun, who signed the new form – unlike Leung and Chan – also received a follow-up inquiry from the electoral office on Monday night.
An officer asked him to clarify his position on independence, attaching media reports of his recent remarks. Cheng said he would seek legal advice before making a response.
The Democratic Party said two of its candidates who did not sign the new form were told their nominations were validated. The Civic Party said one of its candidates who did not sign it was also accepted.
