Grounds of objection to recognizance.
Time and place for
cial of petition,
Trial of parition.
worth a sum not less than the sum to be specified in the affidavit being the sum for which it is proposed that he should be bound by a recog nizance, and the petitioner shall forthwith serve or cause to be served on the respondent a copy of the affidavit together with the summons issued pursuant to paragraph (2) of rule 7.
9. The respondent to a petition at the hearing of the summons for directions under rule 7 may object to any recognizance on the grounds that any surety is insufficient or is dead or cannot be found or ascertained for want of a sufficient description in the copy of the affidavit of the surety served on him pursuant to rule 8 or in the notice served on him under rule 6.
10. (1) Within twenty-eight days after the day on which security is given by the petitioner in accordance with section 38 of the Ordinance and these rules, the petitioner shall apply by summons to a judge for a time and place to be fixed for the trial of the petition and, if the petitioner fails to do so, any respondent may, within a further period of twenty-eight days, apply in the same manner as the petitioner could have done.
(2) If no application to fix the time and place for the trial of the petition is made in accordance with paragraph (1), the Registrar shall refer the matter to a judge, who shall thereupon fix such a time and place.
(3) Not less than seven days before the day so fixed the Registrar shall cause notice of the time and place of the trial to be displayed in
a conspicuous place in the Supreme Court and sent to-
(a) the petitioner;
(b) the respondeat;
(c) the Attorney General; and
(d) the secretary.
(4) The secretary shall, forthwith upon receipt of such notice. cause it to be displayed in a conspicuous place on or near the outer door of his office or in some conspicuous place on or near the outer door of the Council Chamber.
11. (1) The trial of a petition may, in the discretion of the Court, be adjourned from time to time, but the trial shall, so far as is practic- able consistently with the interests of justice in respect of the trial, be continued from day to day on every lawful day until its conclusion.
(2) The trial of a petition shall be proceeded with notwithstanding that the respondent has ceased to hold the office his election to which is questioned by the petition.
(3) On the trial of a petition, unless the Court otherwise directs, any charge of a corrupt or illegal practice may be gone into, and
evidence in relation thereto received, before any proof has been given of agency on behalf of any candidate in respect of the corrupt or I illegal practice.
(4) On the trial of a petition complaining of an unduo election and claiming the office for some person, the respondent, subject to paragraph (4) of rule 12, may give evidence to prove that that person was not duly elected, in the same manner as if he had presented a petition against the election of that person.
etc., to be
12. (J) Where the respondent to a petition complaining of an Lists of undue election and claiming the office for some other person intends to objections, give evidence pursuant to paragraph (4) of rule 11 to prove that that led before person was not duly elected, the respondent shall, not less than seven trial. days before the day fixed for the trial of the petition, file a list of his objections to the election of that person on which he intends to rely and serve a copy of the list on the petitioner and the Attorney General.
(2) Where the petition claims the office for an unsuccessful candidate on the ground that he bad a majority of lawful votes, every party shall, not less than seven days before the date fixed for the trial. file a list of the votes which he contends were wrongly admitted or wrongly rejected, stating in respect of each such vote the grounds for his contention, and serve a copy of the list on every other party and the Attorney General.
(3) Any party to a petition may inspect and obtain an office copy of any list filed pursuant to paragraph (1) or (2).
(4) Except by leave of the Court-
(a) no evidence shall be given by a respondent of any objection to a person's election which is not specified in a list filed by hima pursuant to paragraph (1); and
(6) no evidence shall be given by a party against the admission or rejection of any vote, or as to any ground of contention. which is not specified in a list filed by him pursuant to paragraph (2).
13. (1) An application for leave to withdraw or abandon or Application cease to prosecute a petition shall be made by motion to the Court at for leave to such time and place as the Court may appoint.
petition.
withdraw
(2) Not less than seven days before the day so appointed the applicant shall-
(a) serve notice of motion on the respondent, the Attorney General and the secretary, and lodge a copy with the Registrar; (b) publish notice of the intended motion in at least two news- papers circulating in the Colony, one being published in English and one being published in the Chinese language.