RESTRICTED
XCR(91)161
Election Petitions
9
The opportunity is also taken to revise the election petition procedures. At present the decisions of the returning officer relating to the validity of nomination papers and ballot papers are available for review in an election petition (under Regulations 9 and 49 of the Electoral Provisions (Procedure) Regulations and Regulations 8 and 49 of the Legislature Council (Electoral Provisions) (Procedure) Regulations). We consider that the returning officer's decisions relating to the result of an election (under Regulation 51 of the Electoral Provisions (Procedure) Regulations and Regulation 50 of the Legislative Council (Electoral Provisions) (Procedure) Regulations) should similarly be subject to election petition, so that any alleged or perceived mishandling of vote counting or error in ascertaining or announcing the result of an election which are not of a corrupt or illegal nature can be dealt with by the court.
THE REGULATIONS
Electoral Provisions (Procedure) (Amendment) Regulations 1991 (Annex A)
10
The proposed Regulation 2 introduces a minor change in the wording of Regulations 9(6) of the principal Regulations to bring the latter into the same form as its counterpart in the Legislative Council (Electoral Provisions) (Procedure) Regulations.
11
The proposed Regulation 3 adds to the principal Regulations the new Regulations 36A, 36B, 36C and 36D which provide for the scenarios in paragraphs 7(a), 7(b), 7(c) and 7(d) respectively along the lines set out in paragraph 8.
12
Similarly, the proposed Regulation 4 replaces the existing Regulation 37 of the principal Regulations with a new Regulation which deals with the scenario in paragraph 7(e), while the proposed Regulation 6 adds the new Regulations 46A and 46B which provide for the last two scenarios, i.e. those in paragraphs 7(f) and 7(g). The proposed Regulation 5 paves the way for the proposed Regulation 6 by defining the term "counting station" which has not been defined in the principal Regulations.
Executive Council