CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 28

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

PART III

28

(In U.K. £20)

Costs of returning officer in legal proceedings.

8.83

Proceedings in respect of qualification.

3.84

exceeding five hundred dollars, or to both

such imprisonment and fine.

(2) It shall be the duty of a returning officer to

institute proceedings against any person whom he may

have reasonable cause to believe to have been guilty of

the offence of personation under this section at the

election for which he is returning afficer.

(3) A person charged with the offence of personation

under this section shall not be convicted or comitted for

trial except upon the evidence of not less than two

credible witnesses.

44. All costs properly incurred by a returning

officer in the institution of legal proceedings arising

out of an election held under this Ordinance shall be deemed

to form part of the expenses properly incurred by him in

relation to the holding of the election.

45.- (1) Proceedings may be instituted, either in

the Supreme Court or in a court of summary jurisdiction,

against any person acting as a member of the Council, on

the ground of his being disqualified 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 so to act:

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 dependant has acted as

member of the Council while disqualified from so acting,

then

(a) in proceedings in the Supreme Court, the Court

shall have power

(25)

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.