1955-HKRS29-8-22_Part01 — Page 34

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Presump. tion of validity of election.

Penallies against returning officer,

againat ordinary members.

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.

27. (1) An election held under this Ordinance, unless questioned by election petition within the period fixed by law for the filing of such a petition, shall be deemed to have been a good and valid election.

(2) An election held under this Ordinance shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at, or conducting, the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at, or conduct, the election.

28. If a person appointed to perform the duties of returning officer at, or to take part in the conduct of, an election under this Ordinance neglects or refuses to conduct the election, or to declare the result of, or to take part in the conduct of the election, as required by this Ordinance or by any regulations made there- under, he shall be guilty of an offence and shall be liable to a fine of two thousand dollars;

Provided that a person shall not be liable to conviction, under this section, unless the information has been laid within three months from the date of the commission of the offence.

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Proceedings 29. (1) Proceedings may be instituted, either in the Supreme Court or in a magistrate's court, against any person acting an ordinary member, on the ground of his being dis qualified within the meaning of this section for so acting, and proceedings may be instituted in the Supreme Court on the like ground against any person claiming to be entitled to so act i

Provided that proceedings under this section on the ground of a person acting as aforesaid shall not be instituted after the expiration of six months from the date on which he so acted.

(2) Where in proceedings instituted under this section it is proved that the defendant has acted as an ordinary member while disqualified for so acting, then-

(a) in proceedings in the Supreme Court, the court may-

(i) make a declaration to that effect and to declare that the office in which the defendant has acted is vacant;

(i) grant an injunction restraining the defendant from so acting; and

(iii) order that the defendant shall forfeit to the Crown such sum as the court think fit, not excoeding one thousand dollars for each occasion on which he so acted while disqualified;

(b) in proceedings in a magistrate's court, the court may, subject to the provisions of this section, on conviction impose on the defendant a fine not exceeding one thousand dollars for each occasion on which he so acted while disqualified.

(3) Where proceedings are instituted under this section in a magistrate's court----

(a) if the magistrate is satisfied that the matter in question would be more properly dealt with in the Supreme Court, he sball order the discontinuance of proceedings in the magistrate's court;

(b) if, on application made to the Supreme Court by the defendant within fourteen days after service of the summons upon him, the Supreme Court is satisfied that the matter in question would be more properly dealt with in the Supreme Court the Supreme Court may make an order, which shall not be subject to any appeal, requiring the magistrate to order the discontinuance of proceedings in the magistrate's court.

(4) When in proceedings instituted under this section in the Supreme Court it is proved that the defendant claims to act as an ordinary member and is disqualified for so acting, the Court may make a declaration to that effect and that the office in which the defendant claims to be entitled to act is vacant, and may grant an injunction restraining him from so acting.

(5) No proceedings shall be instituted under this section by any person other than an elector or the Attorney General.

(6) Where proceedings are instituted under this section by a person other than the Attorney General such proceedings shall thereafter be stayed until such person shall give security for all costs, charges and expenses which may become payable by him to any witness summoned on his behalf or to a defendant.

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