Public Law — Court of Final Appeal to review the constitutionality of s.27A of the Elections (Corrupt and Illegal Conduct) Ordinance
On 17 October 2025, the Appeal Committee of the Court of Final Appeal granted leave to appeal to the Court of Final Appeal regarding the Court of First Instance’s decision in HKSAR 𝘷 So Tsun Fung [2025] HKCFI 916, identifying the following questions as being of great general or public importance:
(1) Whether the offence created under section 27A of the Elections (Corrupt and Illegal Conduct) Ordinance has unconstitutionally infringed the right to the freedom of expression under Articles 27 and 39 of the Basic Law and Article 16(2) of the Hong Kong Bill of Rights?
(2) Whether the offence created under section 27A of the Elections (Corrupt and Illegal Conduct) Ordinance has unconstitutionally infringed the right to equality before the law under Article 25 of the Basic Law and Articles 1(1) and 22 of the Hong Kong Bill of Rights (“Question 2”)?
The hearing before the Court of Final Appeal will take place on 20 May 2026.
Carter Chim, together with Yvonne Leung and Jason Szeto, instructed by Ho Kan Lawyers, acted for the Applicant.
Carter Chim
“Carter is a leading specialist in competition law in Hong Kong and is known for his deep legal knowledge in EU and Hong Kong competition law. He is a very collaborative and effective communicator, he gives pragmatic advice that addresses commercial realities and client sensitivities, and his persuasive style and ability to distill complex legal concepts into accessible language make him a compelling advocate.”
Legal 500 Asia-Pacific 2025, Competition — Leading Juniors
Carter has been recognised by The Legal 500 (Legalease) as a Leading Junior (Tier 1) in Competition Law for five consecutive years (i.e. 2021 to 2025).
Carter has acted in a number of landmark constitutional and administrative law cases before the Hong Kong Court of Final Appeal, including Secretary for Justice v Leung Kwok Hung [2021] HKCFA 32 (concerning the scope of parliamentary privilege enjoyed by a member of the Legislative Council in the course of proceedings).
General civil matters form a core part of Carter’s practice. Matters which he is regularly instructed to handle include winding up petitions (for the successful petitioner in Re Yuan Tong Global Financial Group Ltd [2021] HKCFI 1534), water leakage cases, property disputes, discrimination cases, and more.
View Carter’s profile for more information.
This article was first published on 20 October 2025.
Disclaimer: This article does not constitute legal advice and seeks to set out the general principles of the law. Detailed advice should therefore be sought from a legal professional relating to the individual merits and facts of a particular case. The photographs which appear in this article are included for decorative purposes only and should not be taken as a depiction of any matter to which the case is related. The views and opinions expressed in this article/material are solely those of the members authoring it and do not necessarily reflect the official policy or position of Denis Chang’s Chambers, or of any other member or members of Denis Chang’s Chambers.