Under the Legislative Council Ordinance and the District Council Ordinance, a person is disqualified from being a candidate in elections for five years after he or she is sentenced to prison, whether suspended or not, for a term exceeding three months.

But Wong argued in a 53-page judicial review to the High Court that such laws not only restrict their right to stand for elections, but also limit voters from voting for candidates they favour.

He also said the restriction was particularly unfavourable to those given shorter jail terms because people who are sentenced to five years or more are immediately eligible to run once released from prison.

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“We are asking for the complete scrapping of this unreasonable regulation because it restricts political prisoners or political activists’ involvement or chance to run for office,” Wong said after filing his application.

“I believe relaxing this harsh election rule is a pressing matter, because it’s not just for myself or for Demosisto, but for the entire spectrum of democrats who are facing the same difficulty.”

Wong is now old enough to run but is not eligible because of his recent jail term. He also cannot vote for his party chairman, former lawmaker Nathan Law Kwun-chung, who similarly had his community service order replaced by an eight-month jail term for his involvement in the same protest.

Wong said that if his review succeeds, he hoped a person would immediately be eligible to run for office after serving their sentence, like in Australia and Canada.

But he sidestepped questions as to whether he will stand in the next Legislative Council election. “The 2020 election is still very far off for Demosisto,” he said.

Wong’s ultimate appeal will be heard at the Court of Final Appeal in January.