Yan Chan Loses Bid To Overturn Unseating Ruling
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2020-09-18 HKT 12:05
Pro-government lawmaker Yan Chan has failed in her final attempt to overturn a court decision which effectively unseats her.
The High Court earlier ruled that there was a “clear material irregularity” in the Kowloon West Legco by-election held in November 2018, in which Chan won.
The judge had said it is because the returning officer did not give pro-democracy candidate Lau Siu-lai a chance to explain her position before disqualifying her.
Chan’s lawyer asked the Court of Final Appeal on Friday to grant leave for her to challenge the court ruling, saying Lau would have been barred from running in any event because past evidence showed she does not uphold the Basic Law.
But the top court rejected the argument, and the judges said they will explain their reasons in writing later.
Speaking outside the courthouse, Lau welcomed the ruling, saying it was fair to the public.
But she said it was not enough to protect the rights of Hong Kong people when standing for election, and would not stop returning officers from asking questions about the political stances of candidates and disqualifying them from running.
Lau also said she thinks a by-election should be held for the vacated seat, but added that she hasn't decided whether she'd try to run again.
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