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Prohibition on being nominated
in more than one constituency.
Returning officer
and staff.
Supervision of elections.
Saving.
Presumption
of validity
of election.
Penalties concerning supervision
of elections.
Power to make regulations in
respect of Part VI.
Ord. No. 13/85 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)
22. No person shall be nominated in an election as a candidate in more than one constituency.
PART VI
ELECTIONS
23. (1) For the purposes of an election in any constituency, the Governor shall appoint a returning officer for that constituency and such number of assistant returning officers as he thinks fit.
(2) Notice of the appointment of a person as returning officer and his address shall be published in the Gazette.
(3) A returning officer shall be provided with such staff as may be required from time to time.
24. (1) A returning officer shall, subject to this Ordinance, supervise the election for which he is appointed.
(2) An election shall not be held if it is countermanded in accordance with regulations made under section 28.
25. (1) An election shall not be invalidated by non-compliance with the provisions of any regulations made under this Ordinance or by mistake in the use of any specified form if it appears to the Court that the election was conducted in accordance with the principles laid down in this Ordinance and that the non- compliance or mistake did not affect the result of the election.
(2) No misnomer or inaccurate description of any person (including, in the case of an individual, that person's identity card) or place named in any register, nomination paper, ballot paper, or notice shall affect the full operation of that document with respect to that person or place, in any case where the description of the person or place is such as to be commonly understood.
26. (1) An election, unless questioned by an election petition within the period fixed by section 33 for the presentation of such election petition, shall be deemed to be a good and valid election."
(2) An election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person supervising the election, if that person was then in actual possession of, or acting in, the office responsible for supervising the election.
27. (1) Any person appointed to be a returning officer or assistant returning officer at an election who neglects or refuses to perform the functions of his office in relation to that election commits an offence and is liable to a fine of $5,000.
(2) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General.
(3) A person shall not be liable to conviction under subsection (1) unless the complaint or information is laid within 3 months from the date of the commission of the offence.
28. The Governor in Council may by regulations provide for the general supervision of and procedure at elections and, without prejudice to the generality of the foregoing, such regulations may provide for—
(a) the nomination of candidates, the filing of consent to any such nomination
and the withdrawal of any such nomination;
(b) the lodgement and amount of deposits by or on behalf of candidates and the
forfeiture thereof;
(c) the appointment of persons to assist the returning officer in the supervision
of any election;
LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)
Ord. No. 13/85
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(d) the appointment by a candidate in an election of certain persons to assist
him in connexion with the election;
(e) the designation of any polling station;
(ƒ) the supervision of every polling station and the regulation of the ballot; (g) the procedure for voting at an election in an electoral college constituency; (h) the procedure for voting at an election in a functional constituency; (i) the counting of votes;
(j) the countermanding of any election on the ground of the death or disquali-
fication of a candidate;
(k) the determination, declaration and publication of the result of an election; (1) the disposal of ballot papers and other such papers after an election; (m) generally, the carrying into effect of this Part.
PART VII
ELECTION PETITIONS
29. (1) An election may be questioned by an election petition on the following Power to question grounds or any of them—
election by
(a) that the election was avoided by general bribery, treating, undue influence, petition.
or personation;
(b) that the election was avoided by corrupt practices or by illegal practices
committed in respect of the election;
(c) that the person whose election is questioned was at time of the election
disqualified under section 21;
(d) that the person whose election is questioned was not duly elected.
(2) No election may be questioned on any one or more of the grounds referred to in subsection (1) except by an election petition.
(3) In subsection (1), the expressions "bribery", "personation", "treating", "undue influence", "corrupt practices" and "illegal practices" shall have the respec- tive meanings assigned to them by the Corrupt and Illegal Practices Ordinance.
30. An election petition may be presented either by 10 or more electors entitled to vote at the election which is questioned, or by a person claiming to have been a candidate in the election.
(Cap. 288.)
Who may present election petition.
31. (1) Any person whose election is questioned by an election petition and the who may be returning officer in respect of that election may be made a respondent to the petition. respondent.
(2) Two or more candidates in an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition shall be deemed to be a separate election petition against each respondent.
32. (1) The Court shall have the same jurisdiction, powers and authority in Jurisdiction respect of an election petition and all proceedings thereon as it has in respect of an ordinary cause within its jurisdiction.
of the Court in respect
of election
(2) The trial of an election petition shall be held in open court and, unless the petition. Chief Justice shall otherwise direct, before one judge.
(3) The Chief Justice may make rules providing for the effectual carrying out of this Part and for the regulation of matters relating to the preparation, presentation, service, trial and withdrawal of election petitions and costs in respect thereof (including the giving of security for costs), and the practice and procedure connected therewith.