Hung Chi-kit lost out to then Civic Party member Lee Yue-shun in Eastern District by 86 votes.
Hung told the court he had doubts about the election turnout reported by officials, and complained that his agents were sent packing while the polling station was converted into a site for counting the votes.
He said that in the last hour of polling, 332 people were seen on CCTV using lifts to enter the polling station located on the 2nd floor of a building in North Point, while the official turnout for the hour was given as 455.
He also said his agents were wrongly told to leave the polling venue while officials converted it into a counting station.
But in his judgement, judge Anderson Chow noted that the turnout figure simply referred to the number of ballot papers issued, and some voters had already been queuing up before the final hour of voting.
Chow agreed that the candidates’ agents were entitled to stay in the station ahead of the counting, but said he believed the testimony of an official who said the agents had merely been told they could leave if they wanted to.
“The polling agents could have requested to remain in the polling station, but they decided to leave the polling station voluntarily for their own reasons,” Chow wrote, adding that the agents of both candidates had left at the same time.
The judge said Hung’s suggestion of possible vote rigging was “fanciful or imaginary” and ruled that Lee had been duly elected.