TNAG-1354-FCO40-1795-Constitutional-development-in-Hong-Kong-1985 — Page 46

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Ord. No. 13/85

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)

Section

Page

PART VI

ELECTIONS

LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)

Ord. No. 13/85

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HONG KONG

No. 13 OF 1985

I assent.

23.

24.

Returning officer and staff

Supervision of elections

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L.S.

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25.

Saving

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•

26.

Presumption of validity of election

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27.

Penalties concerning supervision of elections

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28.

Power to make regulations in respect of Part VI

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Edward YOUDE, Governor.

4 April 1985

An Ordinance to provide for the election of persons to be elected Members of the

Legislative Council and for matters incidental thereto.

PART VII

[6 April 1985]

ELECTION PETITIONS

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

29.

Power to question election by petition

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30.

Who may present election petition

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PART I

31.

Who may be respondent

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1

32.

Jurisdiction of the Court in respect of election petition

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33.

Time within which election petition shall be presented

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34.

Security for costs

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35.

Determination of Court

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PRELIMINARY

1. This Ordinance may be cited as the Legislative Council (Electoral Provi- Short title. sions) Ordinance 1985.

36.

Withdrawal of election petition; substitution of new petitioner

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37.

Abatement of election petition

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38.

Withdrawal and substitution of respondent

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39.

Validation of acts done pending election petition

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2. (1) In this Ordinance, unless the context otherwise requires- "constituency" means an electoral college constituency or a functional constituency;

"Court" means the High Court;

Interpretation.

40.

Vacancy where candidate not duly elected or election void

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PART VIII

MISCELLANEOUS PROVISIONS

41.

Secrecy of vote

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42.

Governor may give directions

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43.

Forms

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44.

Proceedings against persons on grounds of disqualification

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45.

46.

Time limit for laying complaint or information

Amendment of Schedules

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First Schedule. Electoral college constituencies

Second Schedule. Functional constituencies

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"elected Member" means a person elected under this Ordinance to be an elected

Member of the Legislative Council;

"election" means an election of a person to be an elected Member;

"election petition" means an election petition presented under Part VII;

"elector" (except when used in relation to the Electoral Provisions Ordinance) means (Cap. 367.)

a person registered in a final register under this Ordinance who is not disqualified from being registered or from voting at an election;

"electoral college constituency" means an electoral college constituency referred to in

section 4;

"eligible person", in relation to a constituency, means a person who is entitled to be

registered as an elector in that constituency;

"final register", in relation to any election, means the final register compiled and published under this Ordinance in respect of every constituency and in force on the date of the election,

"functional constituency" means a functional constituency referred to in section 4; "identity card" means an identity card issued under the Registration of Persons (Cap. 177.)

Ordinance;

"register" means a register of electors compiled under this Ordinance in respect of

every constituency;