4 Jul 2025法庭線#6992
嶺大學生賴卓賢參選校董會等被DQ 高院駁回司法覆核 接納校方指限宣傳可保公平
Lai Cheuk-yin, external vice-president of the Lingnan University Students’ Union, was disqualified by the university’s election officer last November from standing in elections for the Council, Court and Senate after allegedly campaigning through “non-official channels”. He applied for judicial review, seeking to overturn the election officer’s decision and the election results. In a judgment handed down on Friday (the 4th), High Court judge Ko Ho-man dismissed his application and ordered Lai to pay the costs.
Lai’s side argued that the election officer had exceeded his powers, misunderstood the relevant provisions and acted improperly in disqualifying him without giving him an opportunity to respond.
The judgment said university elections differed from elections for public office and did not require publicity campaigns to be conducted in a complex or extensive manner. It also accepted Lingnan’s argument that restricting the forms of publicity could ensure that candidates received the same level of exposure and safeguard the fairness of the election. The judge said allowing candidates to publicise their campaigns only through the same methods was entirely fair, and ruled that the election officer had neither exceeded his powers nor acted improperly in procedural terms.
Lai Cheuk-yin told The Witness that he was disappointed by the judgment but would respect it. Lingnan University said it welcomed the outcome.
嶺南大學學生會外務副會長賴卓賢，去年 11 月被指以「非官方渠道」宣傳，遭校方選舉主任 DQ 校董會、諮議會、教務會的參選人資格。他入稟申請司法覆核，要求推翻選舉主任的決定及選舉結果。高院法官高浩文周五（4 日）頒判詞，駁回其申請，賴兼須付訟費。
賴一方質疑，選舉主任越權、誤解條文內容，DQ 他時亦涉程序不當，沒有給予機會讓他抗辯。
判詞指，大學校內的選舉與公職的選舉不同，毋須複雜及廣泛地進行宣傳活動，亦接納嶺大一方指，限制宣傳方式可確保候選人獲相同曝光程度，確保選舉公平。官又指，候選人只能使用相同方式宣傳是完全公平的做法，裁定選舉主任沒越權，亦不涉程序不當。
賴卓賢回覆《法庭線》稱，對法庭判決感到失望，但會尊重。嶺大表示，歡迎裁決結果。
13 Jun 2025法庭線#6914
嶺大生賴卓賢參選校董會遭DQ 提覆核指不獲充分機會抗辯
Lai Cheuk-yin, vice-president (external) of the Lingnan University Students’ Union, was disqualified by the university’s election officer last November from standing for election to the Council, Court and Senate after allegedly promoting his candidacy through “unofficial channels”. He earlier filed for judicial review, seeking to overturn the election officer’s decision and the election results. The case was heard in the High Court on Friday (the 13th). After hearing submissions from all parties, Judge Ko Ho-man said he would hand down his judgment on or before July 31.
The applicant argued that when the election officer emailed Lai asking to meet, the purpose of the meeting was not mentioned. Lai was notified of the disqualification at the meeting on the same day and was given no opportunity to defend himself, amounting to procedural unfairness. The respondents argued that the election officer had explained the regulations to candidates at a briefing, and that Lai’s comments in media interviews after being disqualified, criticising the university’s requirements, showed that he understood the rules. They said it would have been unfair to other candidates if the election officer had found that Lai had breached the rules but still allowed him to stand.
After the hearing, Lai responded to an Eastweek report alleging that he had been “plotting to acquire HKFS property”. He reiterated that he merely held the property for the Hong Kong Federation of Students on trust and had obtained no personal benefit.
嶺南大學學生會外務副會長賴卓賢，去年 11 月被指以「非官方渠道」宣傳，遭校方選舉主任 DQ 校董會、諮議會、教務會的參選人資格，他早前入稟申請司法覆核，要求推翻選舉主任的決定及選舉結果。案件周五（13 日）於高等法院進行聆訊，法官高浩文聽畢各方陳詞，將於 7 月 31 日或之前頒判決。
申請方質疑，選舉主任發電郵要求與賴會面時，沒提及目的，同日見面即通知他 DQ 決定，令賴沒有機會抗辯，涉程序不公。答辯方反駁，選舉主任於簡介會已向候選人說明規例，又指賴被 DQ 後受訪曾批評校方要求，可見他清楚規則。如選舉主任斷定賴違規仍容許他參選，會對其他候選人不公。
另外，散庭後，賴回應《東周刊》指控他「謀『學聯』物業」的報道，重申自己只是以信托形式為學聯持有物業，並無個人得益。
17 Mar 2025法庭線#6588
嶺大學生會副會長賴卓賢參選校董會等遭DQ 提司法覆核 5.13聆訊
Lai Cheuk-yin, vice-president (external affairs) of the Lingnan University Students’ Union, was disqualified by the university’s election officer last November from standing for election to the Council, Court and Senate. He filed an application for judicial review last week, seeking to overturn the election officer’s decision to disqualify him, the Council’s decision that his complaint was unfounded, as well as the election results and related appointments, and to order a by-election.
The Judiciary website shows that the case is listed for a “rolled-up hearing” on May 13, meaning that the court will deal with the application for leave for judicial review and the substantive judicial review hearing together. The application states that the election officer disqualified Lai on the grounds that he promoted his candidacy through “unofficial channels”, including Instagram, campus posters and interviews with media outside the campus.
嶺南大學學生會外務副會長賴卓賢，去年 11 月被校方選舉主任 DQ 校董會、諮議會、教務會的參選人資格，他上周入稟申請司法覆核，要求推翻選舉主任 DQ 他、校董會指他的投訴不成立的決定，以及選舉結果和相關委任，並下令舉行補選。
司法機構網頁顯示，案件排期 5 月 13 日處理「合併聆訊」（rolled-up hearing），即法庭一併處理覆核許可申請及實質覆核聆訊。入稟狀指，選舉主任指賴以 Instagram、校園海報及接受校外媒體訪問等「非官方渠道」宣傳，而取消其參選資格。
Translations are supplied by the source workbook. Consult the original reporting for context.
