TNAG-1351-FCO40-1792-Constitutional-development-in-Hong-Kong-1985 — Page 49

the substitution of a petitioner and costs following

such substitution. Clause 37 deals with the abatement

of an election petition by the death of a petitioner.

Clause 38 deals with the substitution of a

respondent. Clause 39 validates any acts of an

elected Member before the determination of the Court

that he has not been duly elected is submitted to the

Chief Secretary. Clause 40 provides for the cessor of

office of an elected Member following the

determination of the Court that his election was

void.

15. Part VIII (clauses 41 to 46) deals with

miscellaneous matters.

16. Clause 41 provides for the secrecy of the

vote. Clause 42 permits the Governor to give

directions to public officers. Clause 43 provides

that the registration officer may specify electoral

forms. Clause 44 provides for offences committed by

elected Members or persons claiming to be elected

Members. The clause permits the Court to declare that

an elected Member is disqualified and to grant an

injunction restraining such person from acting as an

elected Member. Clause 45 provides that proceedings

must be brought within 3 years of the commission of an

alleged offence. Clause 46 permits the Governor in

Council to amend the First and Second Schedules.

17. The First and Second Schedules to the Bill