Ousted lawmaker Lau Siu-lai’s election ban overturned by Hong Kong court
- Lau says the ruling is a ‘bitter victory’ as ‘the political rights of citizens are still not guaranteed’
- She was among six opposition lawmakers stripped of their seats for improper oath-taking
It was the third time in a year the court had overturned an election ban imposed by the government’s returning officers on pan-democratic candidates because of their political stance.
Mr Justice Anderson Chow Ka-ming on Thursday concluded there was a clear material irregularity in the Kowloon West by-election on November 25, 2018, caused by the returning officer’s failure or refusal to give Lau a proper opportunity to respond to allegations against her.
Her nomination had been invalidated by returning officer Franco Kwok Wai-fun, who found that Lau had not genuinely changed her previous position of advocating self-determination for Hong Kong, despite her claim that she had ditched the stance ahead of the polls.
In his ruling, Chow said “the unfairness of the situation is obvious”, adding: “The principle of natural justice requires that a person affected by an adverse decision ought generally to be given an opportunity to make representations prior to the making of the decision.”