Election ban on Hong Kong pro-democracy activist Agnes Chow overturned

Election ban on Hong Kong pro-democracy activist Agnes Chow overturned

The judge also ruled that lawmaker Au Nok-hin, who ran in her place, was not duly elected because of her wrongful disqualification

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Agnes Chow won her case, but there may still be more appeals to come.
Photo: Nora Tam/SCMP

A Hong Kong court has overturned an election ban on pro-democracy activist Agnes Chow Ting, who was barred from a Legislative Council by-election last year because her political party had called for self-determination in the city.

The High Court also ruled on Monday that pro-democracy lawmaker Au Nok-hin, who ran in Chow’s place and won the seat on Hong Kong Island, was not duly elected because of Chow’s wrongful disqualification.

However, in a judgment handed down on Monday, Mr Justice Anderson Chow Ka-ming found that Teng failed to afford Chow an opportunity at the first instance to respond to such doubts, as he found Chow appeared to only support a “watered-down” version of the doctrine of self-determination.

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Speaking outside the court, she said was was unhappy with the decision. "It is a pyrrhic victory (a victory achieved at too great a cost), the ruling said this was a breach of procedural justice, but the court affirms the right of the Returning Officer to make judgements on candidates based on their political stance." 

She also said it is too early to say if she would run in a by-election, as there may still be appeals from the Department of Justice.

"But if I did try to run, I could explain my political views and still be disqualified." she said, adding that with the current political upheaval, it is hard to say how Hong Kong will be like next year when the new term of the Legislative Council is elected.

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