JULIE CHU JULIE.CHU@SCMP.COM
PUBLISHED : Monday, 12 October, 2015, 2:27pm
UPDATED : Monday, 12 October, 2015, 5:11pm
Scholarism convenor Joshua Wong shows his application to the High Court seeking a judicial review of the age restriction on legislative election candidates. Photo: Felix Wong
Pro-democracy student activist Joshua Wong Chi-fung is asking Hong Kong courts to review a 21-year-old age limit imposed on candidates contesting legislative polls, saying most other jurisdictions, including mainland China, cap it at 18.
The Scholarism convenor, who would turn 19 tomorrow, filed an application for judicial review to the High Court this morning to challenge the age limit.
“It is really ironic when people can stand for election to the Standing Committee of the National People’s Congress [at] just 18 years old,” he said outside court.
“It is really unreasonable that the age limit for contesting the Hong Kong Legislative Council election is 21 years old.”
Wong, a student leader in the Occupy movement last year, said he would consider competing in the Legco election next year if his judicial review was successful.
“After the ‘umbrella movement’, we hope to encourage more young people to bring their ideas, such as self-determination, and future problems in Hong Kong from the streets to Legco,” he said.
“That’s why I am applying for this judicial review; I hope to achieve a breakthrough in the current system.”
Wong said he had discussed the matter with other Scholarism members, but had filed the application on his own. He intended to seek legal aid later.
He says article 26 of the Basic Law allows all Hong Kong residents the right to vote and the right to stand for election in accordance with the law.
The system allows people who have reached the age of 18 to vote but not to stand for election until they are 21, however. Wong says this constitutes an unequal treatment of young people aged between 18 and 20.
He also names many countries, including Britain, Canada, Denmark, Finland and Germany, which set the minimum age for both voters and candidates at 18.
“It is far from apparent that there is a need to set the minimum age for candidacy at [a] higher age than the minimum age for voting," the writ says.
“Conversely, there is good reason for the minimum age for candidacy to be the same as the minimum age for voting. The natural and logical assumption must be that a person who is deemed mature enough to vote at an election would also be sufficiently mature to stand for election.”
http://m.scmp.com/news/hong-kong/law-crime/article/1866556/why-must-hong-kong-poll-candidates-be-least-21-when
