SO CHUN MAN v. LEUNG YAU FONG

HCAL 9/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 9 OF 2012

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BETWEEN

	SO CHUN MAN	Petitioner
and
	LEUNG YAU FONG	Respondent

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Before:	Hon Lam JA in Court
	(Sitting as an additional Judge of the Court of First Instance)

Date of Hearing: 26 October 2012

Date of Judgment: 26 October 2012

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J U D G M E N T

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1.  This is an application for leave to withdraw a petition by the petitioner.  The main reason for the withdrawal was that the petitioner, due to his other commitments, is no longer interested in having a seat in the District Council. 

2.  Having considered the papers, I am satisfied that the statutory requirements for withdrawal have been complied with and there is no person coming forward to seek leave to be substituted as the petitioner in this matter.  I have also considered the nature of the allegations raised in the election petition. 

3.  Looking at the matter in the round, I am satisfied that this is an appropriate case for the court to grant leave to withdraw and I will therefore order accordingly. 

4.  The parties have agreed on the costs order to be made.  I will accede to the joint request of the parties and make a costs order that the costs of the election proceedings, including the costs of the petitioner’s application for leave to withdraw, be to the respondent, to be taxed if not agreed. 

5.  Parties can apply by writing to the court to deal with the money held as security.

(M H Lam) Justice of Appeal

Ms Rita So, instructed by Henry Chiu & Partners, for the petitioner

Mr Hectar Pun, instructed by Tang, Wong & Chow, for the respondent