Judicial Review of Elections in Hong Kong: Resolving a Contradiction

Abstract

Analysis of judicial review of elections in Hong Kong reveals a contradiction: strong review of restrictions on voting and candidacy, but weak review of serious institutional inequalities. Weak review occurs when the issue is within the scope of Hong Kong’s political reform trajectory and of interest to the Chinese government. Beijing’s assertive role in the 2013-15 reform exercise may influence courts to adopt an even more deferential posture. However, this should be resisted, as it would fail to accord sufficient importance to entrenched political rights and involve unwarranted deference by courts, especially if the reform trajectory has hit a wall.