Deadline 'should not bar challenge to C.Y. Leung election win', court told

A statutory deadline for filing an election petition was not meant to bar people from challenging Chief Executive Leung Chung-ying' victory, the High Court heard yesterday.

Senior counsel Martin Lee Chu-ming was arguing on behalf of Democrat Party chairman Albert Ho Chun-yan, who came third in the election, against the argument put forward by Leung's lawyers that the court did not have the power to hear the case.

Ho accuses Leung of lying about illegal structures at his Peak homes, which were exposed by the media after the election, and has filed a petition to have his victory overturned.

Leung's lawyers say there is no case to answer as the petition was not filed within seven days of the election, as the law requires.

"Surely there is great public interest that the matter should be dealt with speedily, but of course it should not be burdened by the seven-day hurdle," Lee said. He stressed that the scandal over illegal structures at Leung's house became apparent only after the deadline, so the court should exercise its discretion to extend it.

"Someone who was not elected freely and fairly should not expect to remain in office for one more day," he said.