C 8

CAP. 367]

Electoral Provisions (Election Petitions) Rules

[1982 Ed.

[Subsidiary]

Forfeiture of recognizance.

them, and may order that if the costs cannot be recovered from one or more of those persons they shall be paid by some other of those persons or by either of the parties to the petition.

22. If a petitioner neglects or refuses for 3 months after demand to pay to any person summoned as a witness on his behalf or to the respondent any sum due to him or his costs, and the neglect or refusal is, within 1 year after the demand, proved to the satisfaction of the Court, every person who under these rules entered into a recognizance relating to the petition shall be held to have made default in the recognizance, and the Court shall thereupon certify the recognizance to be forfeited.

SCHEDULE

ELECTION PETITION

IN THE SUPREME COURT OF HONG KONG ORIGINAL JURISDICTION

In the Matter of the Electoral Provisions Ordinance (Chapter 367)

and

day of

[r. 5.]

In the Matter of an Urban Council District Board Election for the [state constituency] held on the

*

19

The Petition of A.B. of

(and C.D. of

shows—

That the Petitioner A.B. is a person who had a right to vote at the above election [or was a candidate at the above election] and the Petitioner C.D. [state similarly the capacity in which he presents the petition].

2. That the election was held on the

19

*

of

day of

when E.F., G.H., and J.K. were candidates, and on the

19

>

*

day

the result of the election was declared by the Returning Officer wherein E.F., and G.H. were declared to be duly elected (or, in the case of an election which was not contested, and on the

19

*

day of the list of persons declared to be elected was published by the Returning Officer, wherein was included the names of E.F., G.H., and J.K.J.

3. That [state the facts on which the petitioner(s) relies/rely].

The Petitioner(s) therefore pray(s)—

(1) that it may be determined that the said E.F. was not duly elected and that the election was void [or that the said J.K. was duly elected and ought to have been declared elected].

(2) that the Petitioner(s) may have such further or other relief as may be just.

Dated this

day of

19

+

(Signed) Petitioner(s).

This Petition is presented by

whose address for service is

[and who is agent for

of

{, solicitor for the said Petitioner).

[and

It is proposed to serve a copy of this petition on

and on the Attorney General.

of

of

(Note:

* delete if not applicable).

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