Hong Kong localist mounts legal challenge after being barred from Legco polls

Lawyer for Andy Chan Ho-tin says ‘kafkaesque’ dismissal process went against freedom of thought and expression, and violated voters’ right to be represented

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Localist Chan Ho-tin filed an election petition against being banned from taking part in the Legco elections. Photo: Felix Wong

Published: 3:42pm, 9 May 2017Updated: 11:07pm, 9 May 2017

The election process that saw a Hong Kong independence advocate barred from running for the legislature last year amounted to a “Kafkaesque” trial that went against freedom of thought, of expression and the right to vote, a court heard on Tuesday.

Andy Chan Ho-tin, one of six localist candidates prevented from running in the Legislative Council polls in September, had his lawyers run the argument in his election petition hearing at the High Court, which began yesterday.

He asked the court to determine if the winners in the New Territories West constituency had been duly elected, and to declare their victories void if they had not.

The Hong Kong National Party convenor had refused to sign a newly-introduced, non-statutory declaration form that reinforced acknowledgement that Hong Kong was an inalienable part of China. He did, however, sign a statutory declaration that he would uphold the Basic Law.

The officer responsible then asserted Chan would not “genuinely” uphold the Basic Law.

The case deals with not only a candidate’s right to stand for election, but involves broader issues including freedom of expression, of thought and the right to be represented in the legislature, Gladys Li SC, counsel for Chan, said. Li argued that the meaning of “upholding the Basic Law” should not be understood narrowly.