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CAP. 381] Legislative Council (Electoral Provisions)

(1988 Ed.

PART VI

ELECTIONS

Returning officer and staff

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.

Supervision of elections

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.

Saving

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.

Presumption of validity of election

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.

Penalties concerning supervision of elections

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.

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