Hong Kong independence activist files appeal against election ban as deadline passes

Localist Andy Chan says being denied legal aid caused him to miss the cut-off date for filing appeal by five days

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Andy Chan was denied legal aid to appeal his election ban. Photo: Sam Tsang

Published: 7:02am, 27 Apr 2018Updated: 7:02am, 27 Apr 2018

A Hong Kong pro-independence activist said on Thursday he had filed a belated appeal against a court ruling that upheld electoral officials’ power to bar him from elections because of his political views.

Andy Chan Ho-tin, the convenor of the Hong Kong National Party, missed the April 19 deadline by five days when he filed the appeal on Tuesday. Chan claimed on Thursday he was late because he was denied legal aid on April 17 and was forced to immediately appeal against the denial.

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According to Chan, the Legal Aid Department refused to grant him aid on the advice of Paul Lam Ting-kwok, the former Hong Kong Bar Association chairman, who said Chan did not have a reasonable chance of winning the case.

Despite missing the deadline, the localist could still have his case heard if the court decides he had a valid reason for filing the appeal late.

Chan was among several candidates banned from the 2016 Legislative Council election because the returning officer decided he did not mean what he pledged in the declaration to uphold the Basic Law, the city’s mini-constitution.