CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 83

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

See Municipal Election Petition Rules

(England).

Time within which petition must be presented.

8.88(4)

8.88(4)

Municipal Elections (Corrupt & Illegal Practices) Act, 1884 8.25(1).

Ibid. 8.25(2).

PART XIV

83

them, as well as the certifying and reporting on them and

may from time to time amend or revoke such rules and make

other or additional rules.

149. (1) Subject to the provisions of this section,

an election petition must be presented

G

(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

elected, and

(b) 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 an allegation of

corrupt practices and the petition specifically alleges a

payment of money or other reward to have been made since the

time of the election by the candidate elected thereat, or on

his account or with his privity, in pursuance or in furtherance

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 before the

expiration of fourteen days after the day on which the clerk

of the Council 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 declaration, 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 or other act made or done since the cleation

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-eight days after such payment or act, whether or not

any other petition against that person has been previously

presented or tried.

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