Hong Kong: Secretary of State for Justice v Chan Wah & Ors, [2000]


| No Comments | No TrackBacks

Two people who had lived in the villages of the New Territories of Hong Kong all their lives could not prove that their ancestors had been in Hong Kong since before 1898. Such proof was necessary for them to be considered members of the indigenous community. Since this could not be proved, the two either could not vote and/or could not stand as candidates in certain elections, even though the relevant law had been amended in 1988 to rectify this shortcoming. There were also sex discrimination issues present, as the relevant law especially disfavored women. The Court of Final Appeal cited the ICCPR and held that these civic restrictions were not reasonable, and therefore inconsistent with the Bill of Rights.

No TrackBacks

TrackBack URL: https://www.hurights.or.jp/movable7-4/mt-tb.cgi/98

Leave a comment

PUBLICATIONS