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Scholarism convenor Joshua Wong shows his application to the High Court seeking a judicial review of the age restriction on legislative election candidates. Photo: Felix Wong

Running man: Occupy leader Joshua Wong launches court fight for right to run for Hong Kong legislature below age 21

Scholarism chief and Occupy activist asks court to strike down rule that means only people over 21 can seek office, says he may run if he wins

Joshua Wong
JULIE CHU

Student activist Joshua Wong Chi-fung is launching a court battle to fight a minimum age of 21 for people seeking a seat in the city's legislature - and says he could run for a Legislative Council seat next year if he wins.

Wong, who turns 19 today, yesterday filed a judicial review application to the High Court challenging the rule, arguing that most other jurisdictions - including the mainland - allow people to seek office at 18.

"It is ironic that people can stand for election to the Standing Committee of the National People's Congress [at] just 18 years old," he said outside court. "It is really unreasonable that the age limit for contesting the Hong Kong Legislative Council election is 21 years old."

Wong, convenor of student group Scholarism, has built an international reputation since leading a successful fight against national education in schools, and was a key figure in last year's Occupy protests. He said he would consider running in next year's poll if he won.

"After the 'umbrella movement', we hope to encourage more young people to bring their ideas, such as self-determination, and future problems in Hong Kong from the streets to Legco," he said.

"That's why I am applying for this judicial review; I hope to achieve a breakthrough in the current system."

Wong said he had discussed the case with fellow Scholarism members but had made the application alone. He intends to seek legal aid.

In his writ, Wong says the minimum age of 21, as set down in the Legislative Council Ordinance, is "unconstitutional". He points to Article 26 of the Basic Law, under which all Hong Kong residents have the right to vote and the right to stand for election in accordance with the law.

Wong says this constitutes unequal treatment of people aged between 18 and 20.

He names many countries, including Britain, Canada, Denmark, Finland and Germany, which set the minimum age for both voters and candidates at 18. Only Singapore sets the minimum age for both voters and candidates at 21.

He says 18 is also the minimum age for the national and local people's congresses of the People's Republic of China.

"It is far from apparent that there is a need to set the minimum age for candidacy at [a] higher age than the minimum age for voting," the writ says.

"Conversely, there is good reason for the minimum age for candidacy to be the same as the minimum age for voting. The natural and logical assumption must be that a person who is deemed mature enough to vote … would also be sufficiently mature to stand for election."

Wong states that, as a potential candidate, he was directly affected by the requirement. He therefore asked the court to let him challenge it.

City University political scientist Dr Cheung Chor-yung said the move could encourage more young people to register to vote, but would not necessarily give young people a bigger voice in Legco as "you need to win public support first to win a seat".

Lawmaker Tam Yiu-chung, of the pro-establishment Democratic Alliance for the Betterment and Progress of Hong Kong, said a person of 18 was not mature enough to handle political affairs.

Additional reporting by Ng Kang-chung

This article appeared in the South China Morning Post print edition as: Joshua Wong sues for right to run for Legco
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