A58
Ord. No. 13/85
LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)
LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)
Ord. No. 13/85
A59
Time within which election petition shall be presented.
Security for costs.
Determination of Court.
Withdrawal
of election
petition; substitution of new petitioner.
33. An election petition shall be presented within 2 months after the publication by the returning officer of the result of the election in accordance with regulations made under section 28.
34. (1) At the time of presenting an election petition, or within 5 days 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.
36. (1) A petitioner shall not withdraw or abandon or cease to prosecute an election petition without the leave of the Court.
(2) On the hearing of an application for leave under subsection (1) any person who might have been a petitioner in respect of the election, or the Attorney General, 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.
(7) Where there are 2 or more petitioners, an application to withdraw or abandon or cease to prosecute an election petition shall not be made except with the consent of all the petitioners.
(8) Any person who contravenes subsection (1) or who fails to furnish a substituted petitioner with evidence as required by subsection (5) commits an offence and is liable to a fine of $5,000, and in the case of an individual, to imprisonment for 6 months.
37. (1) An election petition shall, in the case of an election petition presented Abatement of by one or more individuals, be abated by the death of that petitioner or the death of election petition. the survivor of those petitioners.
(2) The abatement of an election petition under subsection (1) shall not affect the liability of the estate of the petitioner or the liability of any other person for the payment of costs previously incurred.
(3) On the abatement of an election petition the Registrar shall cause a notice thereof to be published in the Gazette, and within 14 days after the publication of such notice, any person who might have been a petitioner in respect of the election may apply to the Court to be substituted as a petitioner, and the Court may, if it thinks fit, substitute that person accordingly.
(4) Security shall be given on behalf of a petitioner so substituted to the like extent as in the case of an original election petition.
38. (1) If before the trial of an election petition a respondent other than a Withdrawal and returning officer-
substitution of respondent.
(a) dies, resigns or otherwise ceases to hold the office to which the election
petition relates; or
(b) gives the Registrar notice that he does not intend to oppose the election
petition,
the Registrar shall cause notice thereof to be published in the Gazette, and within 14 days after the publication of such notice any person who might have been a petitioner in respect of the election may apply to the Court to be substituted as a respondent to oppose the election petition, and shall be substituted accordingly.
(2) A respondent who has given notice under subsection (1)(b) shall not be allowed to appear or act as a party against the election petition in any proceedings thereon.
39. Where under section 35 the Court certifies a determination that a candidate declared to have been elected in an election has not been duly elected, acts done by him in the execution of his office as an elected Member before the time when the certificate is received by the Chief Secretary shall not be invalidated by reason of that determination.
Validation of acts done pending election petition.
40. Where the Court determines on an election petition that any person Vacancy where declared to have been elected in the election has not been duly elected and no other candidate not person was duly elected, or that the election was void, such first-mentioned person election void.
duly elected or
shall cease to hold office as an elected Member.
PART VIII
MISCELLANEOUS PROVISIONS
41. No person who has voted at an election shall be required to state for whom Secrecy of vote. he voted.
42. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any of his functions, duties or powers under this Ordinance.
Governor may give
directions.
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