Pro-establishment candidate who lost by 86 votes in Hong Kong district council elections files court petition claiming multiple irregularities

A pro-establishment candidate has complained of an unexpectedly high turnout in the final hour of last month’s heated district council elections in Hong Kong after he lost to a pan-democrat by 86 votes.

The complaint emerged in the second election petition filed with the High Court challenging the results of the poll on November 24 – this time from Hung Chi-kit of the Democratic Alliance for the Betterment and Progress of Hong Kong.

The teacher had competed in the Kam Ping constituency of Eastern District Council against Civic Party candidate Lee Yue-shun, who won 3,113 votes against his 3,027.

But Hung said there were multiple irregularities on the day that resulted in a material impact on the election as he suggested officers had “failed to make proper arrangements to ensure that the election was conducted fairly, justly and openly”.

The defeated candidate is asking the court to determine whether Lee had been duly elected, and to direct a by-election if the judge were to rule in his favour.

The elections were the first since the extradition bill protests broke out in June.

The poll ended with a record turnout of 2.94 million, or 71.2 per cent of registered voters, casting their ballots, with the pro-democracy camp winning a majority of seats to take control of 17 out of the city’s 18 district councils.

In Kam Ping, Lee was declared elected by returning officer Simon Chan Sheung-man on November 25 after presiding officer Cheung Wai-ki published hourly voter turnout numbers.

These records showed that 455 people had voted in the final hour between 9.30pm and 10.30pm, before the polling station closed.

But Hung found the number “markedly higher” than his records as his polling agent had observed fewer than 250 voters in the final hour while his two volunteers registered only 150 intended voters with their tally counters.

He also complained that Cheung had not informed his agents of the number of unissued, unused and spoiled ballot papers, or separated them into different packets in their presence.

Hung said his agents were subsequently asked to leave the polling station at 10.38pm for it to be transformed into a counting station.

Both candidates were also stopped when they attempted to return at 11.10pm, and it was not until 11.45pm that Cheung allowed re-entry for the vote count, according to the petition, which was filed on December 24.

This meant that the two ballot boxes used in the election were out of the candidates’ sight for 67 minutes, despite requirements for them to remain visible at all times.

Hung’s lawyers said such conduct violated the Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation and Guidelines on Election-related Activities in respect of the District Council Election.

They requested the management company of the Hong Kong Playground Association Jockey Club North Point Island Place Integrated Service Centre for Children and Youth, where the election was held, to preserve its security camera footage of the relevant times.

Earlier this month, Cheng Keung-fung of Kwun Tong district’s Tsui Ping constituency filed the first election petition after he was unseated by pro-democracy contender Hung Chun-hin.

He accused Hung, the only other candidate, of making false representations about Cheng’s political affiliation and his own contribution to the community in some 13,000 leaflets he distributed among voters during the campaign.