A judicial challenge brought by two graduates of the Chinese University of Hong Kong (CUHK) has been dismissed. Walter Tse Wai-lok and Anthony Suen Ho-yin contested their disqualification from an election for the institution’s advisory body, citing their pro-independence views and convictions linked to the 2019 anti-government protests as the reason for being barred.
Disqualification and Legal Challenge
Tse and Suen jointly applied for judicial review in November 2023, arguing that the university had not given them an opportunity to respond before disqualifying them from the February 2023 election for the convocation standing committee.
Court Ruling
Mr Justice Russell Coleman delivered a written judgment on Friday ruling against the pair. The judgment highlighted that the legal bid was lodged outside the three-month timeframe for such challenges. Coleman as well noted the standing committee’s functions did not allow for judicial intervention in their decisions.
Even if the challenge had been successful, the judge stated the standing committee’s decision to disqualify the candidates—based on concerns their candidacy would bring the convocation into disrepute—would have remained unchanged. Coleman indicated that, considering the “prevailing political and social landscape,” expressions of remorse would not have altered the committee’s conclusion.
Concerns Over Prior Conduct
The judge also noted that Tse and Suen should have anticipated that their prior convictions or pro-independence stance would raise concerns regarding their candidacy. They had complained about a lack of opportunity to make representations to the standing committee before the disqualification.
Possible Next Steps
It is possible the pair may consider further legal options, though the court’s ruling suggests limited grounds for appeal. The standing committee could proceed with filling the vacancies created by the disqualifications. Further scrutiny of candidate backgrounds is likely in future elections.
Frequently Asked Questions
Who are Walter Tse Wai-lok and Anthony Suen Ho-yin?
Walter Tse Wai-lok and Anthony Suen Ho-yin are two graduates of the Chinese University of Hong Kong who were disqualified from running in an election for the institution’s advisory body.
Why were they disqualified?
They were disqualified due to their pro-independence views or convictions arising from the 2019 anti-government protests, which the standing committee believed would bring the convocation into disrepute.
What was the outcome of their judicial review?
Their judicial review was dismissed by Mr Justice Russell Coleman, who cited the late filing of the bid and the standing committee’s authority in the matter.
As Hong Kong’s political landscape continues to evolve, what impact will these types of rulings have on the future of student and alumni participation in university governance?
