10
11
Power to question
election by petition.
(Cap. 288.)
Who may present election petition.
Who may be respondent.
Jurisdiction
of the Court
in respect
of election
petition.
(c) the appointment of persons to assist the returning officer in the supervi
of any election;
(d) the appointment by a candidate in an election of certain persons to assist
him in connexion with the election;
(e) the designation of any polling station;
()the supervision of every polling station and the regulation of the ballot; (g) the procedure for voting at an election in an electoral college constituency; (h) the procedure for voting at an election in a functional constituency:
(i) the counting of votes;
(j) the countermanding of any election on the ground of the death or disquali-
fication of a candidate;
(k) the determination, declaration and publication of the result of an election; (1) the disposal of ballot papers and other such papers after an election; (m) generally, the carrying into effect of this Part.
PART VII
ELECTION PETITIONS
29. (1) An election may be questioned by an election petition on the following grounds or any of them—
(a) that the election was avoided by general bribery, treating, undue influence,
or personation;
(b) that the election was avoided by corrupt practices or by illegal practices
committed in respect of the election;
(c) that the person whose election is questioned was at time of the election
disqualified under section 21;
(d) that the person whose election is questioned was not duly elected.
(2) No election may be questioned on any one or more of the grounds referred to in subsection (1) except by an election petition.
(3) In subsection (1), the expressions "bribery", "personation", "treating", "undue influence", "corrupt practices" and "illegal practices" shall have the respec- tive meanings assigned to them by the Corrupt and Îllegal Practices Ordinance.
30. An election petition may be presented either by 10 or more electors entitled to vote at the election which is questioned, or by a person claiming to have been a candidate in the election.
31. (1) Any person whose election is questioned by an election petition and the returning officer in respect of that election may be made a respondent to the petition.
(2) Two or more candidates in an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition shall be deemed to be a separate election petition against each respondent.
32. (1) The Court shall have the same jurisdiction, powers and authority in respect of an election petition and all proceedings thereon as it has in respect of an ordinary cause within its jurisdiction.
(2) The trial of an election petition shall be held in open court and, unless the Chief Justice shall otherwise direct, before one judge.
(3) The Chief Justice may make rules providing for the effectual carrying out of this Part and for the regulation of matters relating to the preparation, presentation, service, trial and withdrawal of election petitions and costs in respect thereof (including the giving of security for costs), and the practice and procedure connected therewith.
33. An election petition shall be presented within 2 months after the publication Time within y the returning officer of the result of the election in accordance with regulations which election made under section 28.
petition shall
be presented.
34. (1) At the time of presenting an election petition, or within 5 days Security for costs. thereafter or such other period as the Court may direct, the petitioner shall give security for all costs, charges and expenses which may become payable by the petitioner to any witness who gives evidence in the proceedings on the petitioner's behalf or to any respondent.
(2) Any security given under this section shall be of such amount not exceeding $20,000, and shall be given in such manner and form, as the Court may direct.
(3) In default of compliance with this section no further proceedings shall be taken on the election petition.
35. (1) At the conclusion of the trial of an election petition the Court shall— (a) determine whether any decision of the returning officer as to the validity of any nomination was correct, and whether the person whose election is questioned, or any and which other person, was duly elected or whether the election was void; and
(b) certify the determination of the Court in writing under the hand of the judge and the seal of the Court, and the determination so certified shall be final as to the matters at issue on the election petition.
(2) A copy of the certificate of the Court shall be transmitted to the Chief Secretary.
(3) The Court may of its own motion or at the request of the Governor make a special report to the Governor as to any matters arising in the course of the trial of an election petition where in the opinion of the Court such report ought to be submitted to the Governor.
Determination of Court.
36. (1) A petitioner shall not withdraw or abandon or cease to prosecute an Withdrawal
of election election petition without the leave of the Court.
petition: substitution
(2) On the hearing of an application for leave under subsection (1) any person w who might have been a petitioner in respect of the election, or the Attorney General, petitioner. may apply to the Court to be substituted as petitioner, and the Court may if it thinks fit substitute that person or, as the case may be, the Attorney General accordingly.
(3) Where any application to withdraw or abandon or to cease to prosecute any election petition is, in the opinion of the Court, induced by any corrupt bargain or consideration, the Court may direct that the security given on behalf of the original petitioner shall remain as security for any costs incurred by the substituted petitioner, and that to the extent of such sum as the Court may direct the original petitioner (and that original petitioner's sureties, if any) shall be liable to pay the costs of the substituted petitioner.
(4) Except in the case of the Attorney General, where the Court does not so direct, security in the same amount as would be required to be given under section 34 in the case of an original petition shall be given in the same manner and form on behalf of the substituted petitioner before such petitioner proceeds with the substi- tuted election petition, and within such time as the Court may direct.
(5) Subject to subsections (3) and (4), a substituted petitioner shall, as 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 the original petitioner and relevant to the continued prosecution of the election petition.
(6) Where an election petition is withdrawn or abandoned or the petitoner ceases to prosecute the election petition, the petitioner shall be liable to pay the costs of the respondent.
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