A by-election will be held in North District after a candidate was yesterday found to have been wrongly barred from running in November's district council poll. Ean Lin Shui-lin won back her right to stand after a government reversal was announced yesterday in the Court of First Instance. Ms Lin was given the go-ahead to contest the by-election in Fung Chui in Sheung Shui, when the Government agreed not to contest her legal challenge. Mr Justice Peter Cheung Chak-yau declared that Leo Liu Chiu-wa, the winner of the election, which took place without Ms Lin on November 28, was 'not duly elected'. He said returning officer Wong Hon-ho's refusal to allow her to stand on the grounds that her nomination was invalid was wrong. Hong Kong-born Ms Lin, 27, who returned from Taiwan in July 1997 after studying there for five years, worked as a teacher for a year before running in last year's election for The Frontier. She was disqualified because she had failed to live in Hong Kong for three years preceding the nominations under the District Councils Ordinance. Barrister William Marshall SC, for Mr Wong, yesterday told the court he would not contest the proposition Ms Lin had been ordinarily resident. He said the returning officer had no real option when making his decision because he had to follow the legal advice given by the Nomination Advisory Committee of five independent lawyers. Barrister Johnson Lam Man-hon said Ms Lin had maintained her link with Hong Kong during the five-year period by coming back frequently during holidays. He said there was strong evidence she ordinarily lived here, despite her temporary absence. Outside court, Ms Lin, who is an assistant to district board member Au Wai-kwan, said she was happy with the ruling. She said she had yet to decide whether to take part in the by-election and intended to hold discussions with her supporters. 'I don't think the disqualification was politically motivated now, given the court's fair decision,' Ms Lin said. She said she never intended to live in Taiwan and returned as soon as she obtained her degree. She also called for a review of the Nomination Advisory Committee. However, Mr Liu, 36, said the ruling was unfair. 'It was the Government's mistake and I have to bear the consequence of a new election,' he said. 'I feel helpless because I have to stop everything that I am doing right now.' He said he would contest the poll. A spokesman for the Constitutional Affairs Bureau said the Government decided not to contest the legal challenge after seeking advice. An Electoral Affairs Commission spokeswoman said the by-election would be held in the next two months. She said the commission had remained neutral in the matter as the decision was made by the returning officer after seeking legal advice. Asked why different advice was given by the committee's lawyers and the Government's, she said it was due to different interpretations of the election ordinance.