1965-HKRS30-8-55_Part01 — Page 33

Forfeiture of

to the petition in such manner and in such proportions as the Court may determine; and in particular any costs which in the opinion of the Court have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petitioner or of the respondent, and any needless expense incurred or caused on the part of the petitioner or respondent, may be ordered to be defrayed by the parties by whom it has been incurred or caused whether or not they are on the whole successful.

(2) Where upon the trial of a petition it appears to the Court that a corrupt practice has not been proved to have been committed in reference to the election by or with the knowledge and consent of the respondent to the petition, and that the respondent took all reasonable means to prevent corrupt practices being committed on his behalf, but that any person or persons is or are proved, whether by providing money or otherwise, to have been extensively engaged in corrupt prac- tices, or to have encouraged or promoted extensive corrupt practices, in reference to the election, the Court may, after giving that person or those persons an opportunity of being heard by counsel or solicitor and examining and cross-examining witnesses to show cause why the order should not be made, order the whole or part of the costs to be paid by that person or those persons or any of them, and may order that if the costs cannot be recovered from one or more of those persons they shall be paid by some other of those persons or by either of the parties to the petition.

22. If a petitioner neglects or refuses for three months after de- recognizance. pland to pay to any person summoned as a witness on his behalf or to the respondent any sum due to him for his costs, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of the Court, every person who under these rules entered into a recog nizance relating to the petition shall be held to have made default in the recognizance, and the Court shall thereupon certify the recognizance to be forfeited.

SCHEDULE.

Election Petition.

IN THE SUPREME COURT OF HONG KONG. ORIGINAL JURISDICTION.

In the Matter of the Urban Council Ordinance 1955

And

In the Mallet of an Election to the Urban Council held on the

day of

19

I

The Petition of A.B. of

(and C.D. of

] shows-

[r. 5.]

1. That the Petitioner A.B. is a person who had a right to vote at the above election (or was a candidate at the above election] and the Petitioner C.D. [state similarly the capacity in which he presents the peilton).

19

day of

day of

That the election was held on the when E.F., G.H., and J.K. were candidates, and on the

19 the result of the election was declared by the Returning Officer wherein E.F. and G.H. were declared to be duly elected [or, in the case of an election which was not contested, and on the day of

the list of persons elected was published by

19

the Returning Officer, wherein was included the names of EF, GH, and I.K.j.

3. That [store the facts on which the petitioner(x) rely],

4. That in the case of a petition questioned on the ground specified in section 37(2), (3) or (4) of the above Ordinance stare the event on which the time for the presentation of the petition depends and i'r date).

The Petitioner(s) therefore pray(s)

(1) that it may be determined that the said E.F, was not duly elected and that the election was void for that the said F.K. was duly elected and ought to have been declared elected).

(3) that the Peddoner(s) may have such further or other relief as may

be just.

Dated this

day of

(Signed) Petitioner(a).

This Petition is presented by whose address for service is

(and who is agent for

af

E, solicitor for the said Petitioner).

Cand

*

19

It is proposed to serve a copy of this petition on

of of

and on the Attorney General.

Made this 6th day of February, 1965,

Explanatory Note.

Chief Justice.

(This Note is not part of the rules, but it intended to indicate their general purport).

]

The purpose of these rules is to make provision for the regulation of matters relating to the preparation, presentation, service, trial, withdrawal and costs of Urban Council election petitions. They are based on corresponding provisions in the Representation of the Peoples Act 1949, and the Election Petition Ruks 1960, of the United Kingdom.