1955-HKRS28-8-22_Part01 — Page 35

Power to make re- gulations.

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(8) Except as provided by this section, no proceedings shall be instituted against a person on the ground that he has while disqualified for acting as an ordinary member, so acted or claimed to be entitled so to act.

For the purposes of this section a person shall be deemed to be disqualified for acting as an ordinary member-

(a) if he is not qualified to be, or is disqualified for being,

an ordinary member; or

(b) if by reason of failure to make and deliver the declara- tion of acceptance of office within the period required, resignation or failure to attend meetings of the Council, as the case may be, he has ceased to be an ordinary

nicmber.

30. (1) Subject to the provisions of this Ordinance the Governor in Council may by regulations prescribe for the general conduct of elections including-

(a) the nomination of candidates therefor including the filing of consent to such nomination and the withdrawal of any such nomination;

(b) the lodgement of deposits by or on behalf of candidates

and the forfeiture thereof;

(c) the appointment of persons to assist the returning officer

in the conduct of the election ;

(d) the appointment by the candidate of certain persons to

assist him in connexion with the election;

(e) the conduct of polling stations and the regulation of the

ballot;

(the counting of votes;

(g) the declaration of the results of elections;

(b) the disposal of ballot papers and other such papers after

an election;

(1) generally carrying into effect the provisions of this part

of this Ordinance.

(2) Any regulation made under this section may provide that a contravention thereof shall be an offence and may provide penalties for such offence not exceeding a fine of one thousand dollars and imprisonment for six months.

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PART VII.

Election Petitions.

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at. In this Part of this Ordinance "Court" means the Interpre- Supreme Court and "Registrar" means the Registrar of the tation. Supreme Court.

32. (1) An election may be questioned by an election Power to petition on the following grounds or any of them-

question election by

(a) that the clection was wholly avoided by general bribery, petition.

treating, undue influence, or personation; or

(b) that the election was avoided by corrupt practices or by

illegal practices committed at the election; or

(c) that the person whose election is questioned was at the

time of the election disqualified; or

(d) that illegal practices committed in reference to the election of a candidate thereat, so extensively prevailed that they may be reasonably supposed to have affected the result of the election; or

(e) on any other ground provided by any enactment whereon

an election may be questioned.

(2) No election may be questioned on any one or more of these grounds except by an election petition.

33. An election petition may be presented either by ten or Who may more persons who had a right to vote at the election, or by a present person alleging himself to have been a candidate at the election.

petition.

be rea-

34. (1) Any person whose election is questioned by an Who may election petition and any returning officer of whose conduct a petition complains, may be made a respondent to the petition.

pondent.

(2) Two or more candidates may be made respondents to the same petition and their cases may be tried at the same time, but for the purposes of this part of this Ordinance (including the provision of security for costs) the petition shall be deemed to be a separate petition against each respondent,

sentation

35. (1) An election petition shall be signed by the petitioner Signature or by each petitioner if there is more than one and shall be and pre- presented to the Court by leaving the petition, together with two of petition. copies thereof, with the Registrar who shall give a receipt there- for, if required so to do.