1982 Ed.]
Electoral Provisions (Election Petitions) Rules
[CAP. 367
C 5
[Subsidiary]
for his contention, and serve a copy of the list on every other party and the Attorney General.
(3) Any party to a petition may inspect and obtain an office copy of any list filed pursuant to paragraph (1) or (2).
(4) Except by leave of the Court-
(a) no evidence shall be given by a respondent of any objection to a person's election which is not specified in a list filed by him pursuant to paragraph (1); and
(b) no evidence shall be given by a party against the admission or rejection of any vote, or as to any ground of contention, which is not specified in a list filed by him pursuant to paragraph (2).
13. (1) An application for leave to withdraw or abandon or cease to prosecute a petition shall be made by motion to the Court at such time and place as the Court may appoint.
(2) Not less than 7 days before the day so appointed the applicant shall-
(a) serve notice of motion on the respondent, the Attorney General and the Designated Officer, and lodge a copy with the Registrar;
(b) publish notice of the intended motion in at least two newspapers circulating in Hong Kong, one being published in English and one being published in the Chinese language.
(3) The notice of motion shall state the grounds on which the application is made to withdraw or abandon or cease to prosecute the petition, and shall contain a statement to the effect that on the hearing of the application 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 a petitioner.
(4) The Designated Officer shall, forthwith upon receipt of the notice under paragraph (2), cause it to be displayed in the same manner as provided under section 33(2) of the Ordinance for a copy of a petition.
14. (1) Before leave to withdraw or abandon or cease to prosecute an election petition is granted, there shall be produced affidavits by all the parties to the petition and their solicitors (if any) and by the election agents (if any) of all the said parties who were candidates at the election, but the Court may on cause shown dispense with the affidavit of any particular person if it seems to the Court on special grounds to be just so to do.
(2) Each affidavit shall state that, to the best of the deponent's knowledge and belief, no agreement or terms of any kind whatsoever-
Application for leave to withdraw petition.
Evidence required for withdrawal of petition.
Page 5
Page 6
1982 Ed.]
Electoral Provisions (Election Petitions) Rules
[CAP. 367
C 5
[Subsidiary]
for his contention, and serve a copy of the list on every other party and the Attorney General.
(3) Any party to a petition may inspect and obtain an office copy of any list filed pursuant to paragraph (1) or (2).
(4) Except by leave of the Court-
(a) no evidence shall be given by a respondent of any objection to a person's election which is not specified in a list filed by him pursuant to paragraph (1); and
(b) no evidence shall be given by a party against the admission or rejection of any vote, or as to any ground of contention, which is not specified in a list filed by him pursuant to paragraph (2).
13. (1) An application for leave to withdraw or abandon or cease to prosecute a petition shall be made by motion to the Court at such time and place as the Court may appoint.
(2) Not less than 7 days before the day so appointed the applicant shall-
(a) serve notice of motion on the respondent, the Attorney General and the Designated Officer, and lodge a copy with the Registrar;
(b) publish notice of the intended motion in at least two newspapers circulating in the Hong Kong, one being published in English and one being published in the Chinese language.
(3) The notice of motion shall state the grounds on which the application is made to withdraw or abandon or cease to prosecute the petition, and shall contain a statement to the effect that on the hearing of the application 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 a petitioner.
(4) The Designated Officer shall, forthwith upon receipt of the notice under paragraph (2), cause it to be displayed in the same manner as provided under section 33(2) of the Ordinance for a copy of a petition.
14. (1) Before leave to withdraw or abandon or cease to prosecute an election petition is granted, there shall be produced affidavits by all the parties to the petition and their solicitors (if any) and by the election agents (if any) of all the said parties who were candidates at the election, but the Court may on cause shown dispense with the affidavit of any particular person if it seems to the Court on special grounds to be just so to do.
(2) Each affidavit shall state that, to the best of the deponent's knowledge and belief, no agreement or terms of any kind whatso-
Application for leave to withdraw petition.
Evidence required for withdrawal of petition.
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