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Exclusive | Hong Kong National Party’s Andy Chan drops appeal against election ban after failing to get legal aid for court fight

Separatist cannot afford to continue challenge against right of returning officers to stop candidates standing in local elections

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Andy Chan, co-founder of the Hong Kong National Party, has dropped his legal challenge against his 2016 election ban. Photo: Nora Tam
Alvin Lum

A separatist whose party is facing a government ban has dropped his appeal against the decision to ban him from running in 2016 Legislative Council election, because he cannot afford to fight on.

Hong Kong National Party (HKNP) founder Andy Chan Ho-tin told the Post on Wednesday he had withdrawn his application to bring his case to the city’s top court, over the High Court’s ruling on his election petition in February.

The ruling, by Justice Thomas Au Hing-cheung, affirmed the position that election officials could ban candidates from standing if presented with “cogent, clear and compelling” evidence that they would not uphold the Basic Law, Hong Kong’s mini-constitution.

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Lawrence Lok, who advised the independent electoral commission on election laws and procedure, said the government should clarify the power of returning officers. Photo: David Wong
Lawrence Lok, who advised the independent electoral commission on election laws and procedure, said the government should clarify the power of returning officers. Photo: David Wong

Returning officers, must however, give candidates a “reasonable opportunity” to respond before the ban becomes final.

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Chan is also battling a proposed ban of nationalist party. Hong Kong police have accused the HKNP of posing an “imminent threat” to national security and public order. Chan has to submit his reply to the ban to the security minister by Friday.

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