1973-HKRS28-16-21_Part02 — Page 37

Wichtenmal di Delicia.

Abatemens of petition.

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28. (1) A petitioner shall not withdraw or abandon or cease to endeavour to prosecute successfully an election petition without the leave of the Court on application thereto and on such conditions as to public notice or otherwise as the Court may think fit,

(2) On the hearing of the application any person who might have been a petitioner in respect of the election, or the Attorney General. may applying to the Court to be substituted as a petitioner, and the Court may, if it thinks A substitute him accordingly,

(3) If any application to withdraw or abandon or to cease to pro- secute any election pedition is, in the opinion of the Court, induced by any corrupt bargain or consideration, the Court may by order direct that the security given on behalf of the original petitioner shall remain us security for any coats that may be incurred by the substituted petitioner, and that to the extent of the sum named in the order, the original petitioner (and his sureties, if any) shall be liable to pay the costs of the substituted petitioner.

(4) Except in the case of the Attorney General, if the Court does not so diteet, then security to the same amount as would be required in the case of a new petition and subject to the like conditions, shall be given on behalf of the substituted petitioner before he proceeds with his petition and within such time as the Court may by the order of substitution limit.

(5) Subject as aforesaid, a substituted petitioner shall, us nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner, and the original petitioner shall furnish such substituted petitioner with all evidence available to him and relevant to the continued prosecution of the petition.

(6) II a petition is withdrawn or abandoned or the petitioner ceases to prosecute the petition, the petitioner shall be liable to pay the costs of the respondent.

(7) Where there are more petitioners than one, an application to withdraw or abandon or cease to prosecute a petition shall not be mado except with the consent of all the petitioners.

(8) Any person who contravenes any of the provisions of sub- paragraph (1) or who fails to furnish a substituted petitioner with evidence as required by the provisions of sub-paragraph (5) shall be guilty of an offence and liable on summary conviction to a fine of two thousand dollars and imprisonment for six months,

29. (1) An election petition shall be abated by the death of a sole petitioner or the survivor of several petitioners.

(2) The abatement of a petition shall not affect the liability of the estate of the petitioner or the liability of any other person to the payment of costs previously incurred.

(3) On the abatement of a petition the Registrar shall cause a noti Bcation thereof to be published in the Gazette, and within fourteen days after the publication of such notification, any person who might have been a petitioner in respect of the election may apply to the Court to be substituted as a petitioner, and the Court may, if it thinks At substitute him accordingly.

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(4) Security shall be given on behalf of a petitioner so substituted. as in the case of a new petition.

34. (1) If before the trial of an election petition a reapandent other than a returning officer-

(a) dies, resigns, or otherwise ceases to hold office to which the

petition relates; or

(b) gives to the Registrar notice that he does not intend to oppose

the petition.

the Registrar shall cause a notification thereof to be published in the Gazerte, and within fourteen days after the publication of such notification, sly person who might have been a petitioner in respect of the election may apply to the Court to be admitted as a respondent to oppose the petition, and shall be admitted accordingly.

(2) A respondent who has given notice as aforesaid that he does not intend to oppose the petition shall not be allowed to appear or act as a party against the petition in any proceedings thereon.

31. Where a candidate who has been elected is, by a certificate of the Court, declared not to have been duly elected, acts done by him is The execution of his office before the time when the certificate is received by the secretary shall not be invalidated by reason of that declaration.

32. Where on an election petition the election of any person has been declared void and no other person has been declared elected in his place, a new election shall be held to supply the vacancy in the game manner as a vacancy declared under section 18.

TABLE

[para. 2(2)(u) & (4)]

PROFESSIONAL INSTITUTIONS AND BODIES OF THE UNITED KINGDOM

Institution of Civil Engineers,

Institution of Mechanical Engineers,

Institution of Electrical Engineers.

Institution of Chemical Enginecry. Institution of Municipal Engineers. Institution of Gas Engineers.

Institution of Structural Engineers.

Institution of Production Engineers.

Institution of Electronic and Radio Engineers.

Town Planning Institute.

Royal Institution of Naval Architects.

Royal Institute of British Architects. Corporation of Secretaries.

Chartered Institute of Secretaries.

Royal Institution of Chartered Surveyors, Institute of Housing Managers.

Institute of Chartered Accountants in England and Wales.

WENŚNIOWAİ And mabatitude of repandal.

VAIRIAISON Of astr eleme ponudig a petlukko.

Elecam In place of persons

pechloa.