International Law

Move to suspend inmate vote ruling

By John Hirst

Wednesday, December 10, 2008

The government will ask the High Court to suspend its ruling giving prisoners the right to vote while it considers how to implement the judgment or whether to lodge an appeal.

Secretary for Constitutional and Mainland Affairs Stephen Lam Sui-lung said the government will make their submissions for temporary relief within 14 days.

Judge Andrew Cheung Kui-nung on Monday made the landmark ruling clearing the hurdle for inmates to register and vote. Lam added the suspension will allow the government to conduct by-elections in accordance with the existing law if they do take place, and the government will decide whether to appeal after a decision on the suspension is made.

A public consultation will be conducted if the Legislative and Executive councils decide to draw a new line on whether and how voting rights of prisoners could be restricted in a reasonable manner.

Law Society president Lester Huang said Hong Kong should follow many other countries to allow prisoners the right to vote.

He said Cheung's ruling did not specify how that should be implemented, adding that the public should be consulted as soon as possible.

Bar Association chairman Rimsky Yuen Kwok-keung said although the government will encounter difficulties when implementing the ruling - such as polling arrangements - he hopes it will respect the court's decision.

The ruling was made after a judicial review was sought by two inmates and lawmaker Leung Kwok-hung.

Full post as published by prisonlawinsideout on December 10, 2008 (boomark / email).