1973-HKRS28-16-21_Part02 — Page 36

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Who may prestat perdoa.

Who pay se Topoodent,

Scud presentation of petcon

Jurisdiction of Supreme Court Da napeet cut peucion.

Time wilbin, echich Belidon may be

peared.

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

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

(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 pur- poses of this Part of this Schedule (including the provision of security for costs) the petition shall be deemed to be a separate petition against each respondent

23. (1) An election petition shall be signed by the petitioner or by cach petitioner if there is more than one and shall be presented to the Court by leaving the petition, together with two copiza thereof, with the Registrar who shall give a receipt therefor, it required so to do.

(2) The Registrar shall forthwith send two certified true copies of the petition to the secretary who shall, forthwith upon receipt thereof, cause one of such copies to be posted 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.

24. (1) The Court all 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 held in open court and before one judge unless the Chief Justice shall otherwise direct.

(3) The Chief Justice may make rules providing for the effectual carrying out of the provisions of this Part of this Schedule and for the regulation of matters relating to the preparation, 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.

25. (1) Subject to the provisions of this paragraph, an election pelition 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 clected; and

(6) 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 candidats clected thereal, or on bis account or with his privity, in pursuance or in further- ance 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

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which the Secretary receives the return and declaration respecting election expenses by the candidate to whose election the petition relates, or where there is an authorized excuse for failing to make the return and declara. rian, 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- right days after such payment or act, whether or not any other petition against that person has been previously presented or tried.

(3) 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 paragraph for the presentation of a petition questioning the election on the ground of 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.

26. (1) At the time of presenting an election petition, or within Eve days thereafter or such other period as the Court may direct, the petitioner shall give security for all costs, charges and expenses which may become payable by him to any witness summoned on his behalf or to any re- spondent.

(2) The security shall be of such amount, not exceeding ten thousanď 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 paragraph no further proceedings shall be taken on the petition.

27. (0) At the conclusion of the trial of an election petition the Court shall determine-

(2) 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

(6) in the case of a contested election, whether the person whose election is complained of, or any and what other person, was duly elected, or whether the election was void,

and shall forthwith certify in writing under the hand of a judge and the seal of the Court the determination of the Court and the determination so certified shall be final as to the matters at issue on the petition.

(2) A copy of the certificate of the Court shall be transmitted to the Colonial Secretary and also to the Secretary,

(3) The Court may of its own motion or at the request of the Governor make a special report to the Governor as to any matters arising in the course of the trial of an election petition an account of which ought, in the judgment of the Court, to be submitted to the Governor,

Sceurhy for cont.

Deterion of Coon.