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May 31, 2016

Court reserves ruling on Joshua Wong's challenge - RTHK

Joshua Wong is challenging the age limit for election candidates. File photo: RTHKJoshua Wong is challenging the age limit for election candidates. File photo: RTHK

The High Court has reserved judgment on Tuesday on whether to hear activist Joshua Wong’s challenge on the age limit for election candidates. 

Wong is seeking to have the threshold lowered from 21 to 18, arguing that the current limitation is unconstitutional. 

The 19-year-old secretary general of the newly-formed political party Demosisto has said if he wins the case, he will run in September’s Legislative Council polls. 

But this seems unlikely now, as Justice Thomas Au made it clear that even if he rules in favour of Wong, he will have to refer the case to the legislature to amend relevant laws. 

When applying for leave to a judicial review, Wong’s lawyer told the court that people can vote when they reach 18 but cannot run in an election until they turn 21. 

He said the Basic Law entitles the people the right to vote and stand in elections, so, the government has to explain the age difference. 

But, the Department of Justice argued that the right to vote and to run in an election are different. Its lawyer said the current age limits are proportionate and serves a legitimate aim.

He also said the issue is a political matter rather than a legal one, and urged the court to be careful when deciding whether to extend its powers into Legco business.

http://news.rthk.hk/rthk/en/component/k2/1263446-20160531.htm