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Agnes Chow Ting v Returning Officer and Au Nok Hin

HK Court of First Instance, 2-Sep-2019

Mr Au's election is nullified because Ms Chow was not given the right to be heard before the Returning Officer disqualified her on the ground that, although she signed the required declaration that she would uphold the Basic Law, the RO didn't believe her. If the judgment is not successfully appealed then there will be a by-election on HK Island. The Court maintains that the Returning Officer must still filter candidates by second-guessing their declaration, following the NPCSC interpretation of 7-Nov-2016.

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