Indigenous villagers lose landmark case

Updated at 7.16pm: The village representative electoral system which excludes non-indigenous villagers is unlawful as it violates both the Bill of Rights and the Sex Discrimination Ordinance, the Court of Final Appeal ruled on Friday.

Non-indigenous villager Chan Wah, 68, and Tse Kwan-sang, 39, won the landmark legal case they have been fighting since early last year after five top judges unanimously dismissed the appeal brought by the Government who lost legal battles at the Court of First Instance and the Court of Appeal.

Mr Justice Andrew Li Kwok-nang said the existing voting system for village representatives which restricts villagers from voting or standing as a candidate on grounds that they were not registered as indigenous was unreasonable.

He also said indigenous villagers could not rely on Basic Law provisions which ensure their traditional rights be protected. The judge said the rights mentioned in those provisions did not extend to political rights.

Mr Chan, a fisherman, was denied a vote in Po Toi O village, Sai Kung, where he has lived all his life. Mr Tse was refused permission to stand as a candidate in the Shek Wu Tong election in Pat Heung. He was born in the village.