1964_ELECTORAL_PROVISIONS_(ELECTION_PETITIONS)_RULE — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

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CAP. 367]

Electoral Provisions (Election Petitions) Rules

[1982 Ed.

[Subsidiary]

Application to stay or dismiss petition.

Notice of abatement of petition.

Notification of death, etc. of respondent.

Filing copy of particulars.

ever has or have been made, and no undertaking has been entered into, in relation to withdrawing or abandoning or ceasing to prosecute the petition; but if any lawful agreement has been made with respect to withdrawing or abandoning or ceasing to prosecute the petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit.

(3) The affidavits of the applicant and his solicitor (if any) shall further state the ground on which the petition is sought to be withdrawn or abandoned or no longer prosecuted.

(4) Copies of the said affidavit shall be delivered to the Attorney General not less than 7 days before the day appointed for the hearing of the application for leave to withdraw or abandon or cease to prosecute the petition, and the Court may hear the Attorney General or his representative in opposition to the application for leave to withdraw or abandon or cease to prosecute the petition, and shall have power to receive the evidence on oath of any person or persons whose evidence the Attorney General or his representative may consider material.

(5) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors.

15. (1) An application by a respondent to stay or dismiss a petition before the day fixed for the trial 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 respondent shall serve notice of motion, stating the grounds thereof, on the petitioner, any other respondent, the Attorney General and the Designated Officer, and shall lodge a copy with the Registrar.

16. Where the petition is abated by the death of a sole petitioner or the survivor of several petitioners, the solicitor acting for him in the proceedings at the date of his death or, if he had no such solicitor, any respondent learning of his death shall lodge notice thereof with the Registrar.

17. On the happening of any event mentioned in section 40(1)(a) of the Ordinance, the respondent concerned or, in the case of the death of a respondent, the solicitor acting for him in the proceedings at the date of his death or, if he had no such solicitor, any petitioner learning of his death shall lodge notice thereof with the Registrar.

18. A party giving particulars in pursuance of an order or otherwise shall file a copy within 24 hours after delivering the particulars to the party requiring them.

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C6 CAP. 367] Electoral Provisions (Election Petitions) Rules [1982 Ed. [Subsidiary] Application to stay or dismiss petition. Notice of abatement of petition. Notification of death, etc. of respondent. Filing copy of particulars. ever has or have been made, and no undertaking has been entered into, in relation to withdrawing or abandoning or ceasing to prosecute the petition; but if any lawful agreement has been made with respect to withdrawing or abandoning or ceasing to prosecute the petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit. (3) The affidavits of the applicant and his solicitor (if any) shall further state the ground on which the petition is sought to be withdrawn or abandoned or no longer prosecuted. (4) Copies of the said affidavit shall be delivered to the Attorney General not less than 7 days before the day appointed for the hearing of the application for leave to withdraw or abandon or cease to prosecute the petition, and the Court may hear the Attorney General or his representative in opposition to the application for leave to withdraw or abandon or cease to prosecute the petition, and shall have power to receive the evidence on oath of any person or persons whose evidence the Attorney General or his representative may consider material. (5) Where more than one solicitor is concerned for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors. 15. (1) An application by a respondent to stay or dismiss a petition before the day fixed for the trial 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 respondent shall serve notice of motion, stating the grounds thereof, on the petitioner, any other respondent, the Attorney General and the Designated Officer, and shall lodge a copy with the Registrar. 16. Where the petition is abated by the death of a sole petitioner or the survivor of several petitioners, the solicitor acting for him in the proceedings at the date of his death or, if he had no such solicitor, any respondent learning of his death shall lodge notice thereof with the Registrar. 17. On the happening of any event mentioned in section 40(1)(a) of the Ordinance, the respondent concerned or, in the case of the death of a respondent, the solicitor acting for him in the proceedings at the date of his death or, if he had no such solicitor, any petitioner learning of his death shall lodge notice thereof with the Registrar. 18. A party giving particulars in pursuance of an order or otherwise shall file a copy within 24 hours after delivering the particulars to the party requiring them.

Baseline (Original)

C6 CAP. 367] Electoral Provisions (Election Petitions) Rules [1982 Ed. [Subsidiary] Application to stay or dismiss petition. Notice of abatement of petition. Notification of death, etc. of respondent. Filing copy of particulars. ever has or have been made, and no undertaking has been entered into, in relation to withdrawing or abandoning or ceasing to prosecute the petition; but if any lawful agreement has been made with respect to withdrawing or abandoning or ceasing to prosecute the petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit. (3) The affidavits of the applicant and his solicitor (if any) shall further state ground on which the petition is sought to be withdrawn or abandoned or no longer prosecuted. (4) Copies of the said affidavit shall be delivered to the Attorney General not less than 7 days before the day appointed for the hearing of the application for leave to withdraw or abandon or cease to prosecute the petition, and the Court may hear the Attorney General or his representative in opposition to the application for leave to withdraw or abandon or cease to prosecute the petition, and shall have power to receive the evidence on oath of any person or persons whose evidence the Attorney General or his representative may consider material. (5) Where more than one solicitor is concerned for the peti- tioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors. 15. (1) An application by a respondent to stay or dismiss a petition before the day fixed for the trial 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 respondent shall serve notice of motion, stating the grounds thereof, on the petitioner, any other respondent, the Attorney General and the Designated Officer, and shall lodge a copy with the Registrar. 16. Where the petition is abated by the death of a sole petitioner or the survivor of several petitioners, the solicitor acting for him in the proceedings at the date of his death or, if he had no such solicitor, any respondent learning of his death shall lodge notice thereof with the Registrar. 17. On the happening of any event mentioned in section 40(1)(a) of the Ordinance, the respondent concerned or, in the case of the death of a respondent, the solicitor acting for him in the proceedings at the date of his death or, if he had no such solicitor, any petitioner learning of his death shall lodge notice thereof with the Registrar. 18. A party giving particulars in pursuance of an order or otherwise shall file a copy within 24 hours after delivering the particulars to the party requiring them.

2026-05-04 15:26:14 · Baseline

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