TNAG-1352-FCO40-1793-Constitutional-development-in-Hong-Kong-1985 — Page 52

raised by an election petition.

Clause 36 provides

for the withdrawal of an election petition and for

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 cessation

of office of an elected Member following the determination

of the Court that his election was void.

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

miscellaneous matters.

17. Clause 41 provides for the secrecy of the

vote. Clause 42 permits the Governor to give

directions to public officers other than those

acting in a judicial capacity. Clause 43 provides

that the registration officer may specify electoral forms

and notices, etc. 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