1955-HKRS28-8-22_Part01 — Page 36

Jurisdic- tion of Supreme Court in respect of petition.

Time

within

which palition may be presented.

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(3) The Registrar shall forthwith send two certified truė copies of the petition to the secretary who shall cause one of such copies to be posted in a conspicuous place on or near the outer dour of his office, or, in some conspicuous place on or acar the outer door of the office of the Council.

36. (1) The Court shall have the same jurisdiction, powers and authority in respect of an election petition and all proceedings thereon as it would have if such petition was an ordinary cause within its jurisdiction.

(2) The trial of an election petition shall be holden in open court and before one judge unless the Chief Justice shall otherwise direct.

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whose election the petition relates, or where there is an authorized excuse for failing to make the return and declaration, within fourteen days of the allowance of the excuse.

(4) If the election is questioned on the ground of an illegal practice and the petition specifically alleges a payment of money made or other act done since the election by the candidate elected thereat or by his agent, or with the privity of the candidate in pursuance or in furtherance of such illegal practice, it may be presented at any time within twenty-eight days after such pay- meat or act, whether or not any other petition against that person has been previously presented or tried.

(5) A petition, presented within the time limited for the purpose of questioning the election upon an allegation of an illegal practice, may be amended with the leave of the Court within the time which is allowed under this section for the pre-

(3) The Chief Justice may, from time to time, make rules for the effectual carrying out of the provisions of this part of this Ordinance and for the regulation of matters relating to the presentation of a petition questioning the election on the ground of paration, presentation, service, trial, withdrawal and costs of election petitions (including the provision of security for costs thereon) and the practice and procedure connected therewith, as. well as the certifying and reporting thereon.

37. (1) Subject to the provisions of this section, an election petition shall be presented-

(a) in the case of an election which is not contested, within twenty-one days after the publication by the returning officer of the list of persons elected; and

(b) in the case of a contested election, within twenty-one days after the declaration by the returning officer of the result of the election.

(2) If the election is questioned on the ground of a corrupt practice and the petition specifically alleges a payment of money or other reward to have been made since the time of the election by the candidate elected thereat, or on his account or with his privity, in pursuance or in furtherance of such corrupt practices. it may be presented at any time within twenty-eight days after such payment.

(3) If the election is questioned on the ground of an illegal practice, it may be presented at any time within fourteen days after the day on which the secretary receives the return and declaration respecting election expenses by the candidate to

that illegal practice.

(6) The foregoing provisions as to the time within which a petition alleging, either originally or by amendment, an illegal practice may be presented shall apply even though the illegal practice is also a corrupt practice.

38. (1) At the time of presenting an election perition, or Security within five days thereafter, the petitioner shall give security for for costs, all costs, charges and expenses which may become payable by him to any witness summoned on his behalf or to any respondent.

(2) The security shall be of such amount, not exceeding ten thousand dollars, and shall be given in such manner and form as the Court may direct,

(3) In default of compliance with the provisions of this section no further proceedings shall be taken on the petition.

39. (1) At the conclusion of the trial of an election petition Determina- the Court shall determine-

Court.

(a) in the case of an election which is not contested and in connexion with which the decision of the returning officer as to the validity of any nomination is brought to review, whether such decision was correct or whether the election was void; and

Lion of