1964_ELECTORAL_PROVISIONS_(ELECTION_PETITIONS)_RULE — Page 7

1982 Ed.]

Electoral Provisions (Election Petitions) Rules

[CAP. 367

C7

[Subsidiary]

Notification of

19. (1) A solicitor appointed to act for a respondent in proceedings on a petition shall forthwith give notice of his appoint- respondent's ment to the petitioner and lodge a copy of the notice with the Registrar.

(2) Subject to rule 6(2), any notice required to be served on a respondent to a petition may be served-

(a) by delivering it or sending it by post to any solicitor who has given notice under paragraph (1) that he is acting for the respondent; or

(b) if no such notice has been given, by delivering it to the respondent or by leaving it at, or sending it by post by a registered letter to his last known place of abode in Hong Kong, or, if the proceeding is before the Court, in such manner as the Court may direct.

(3) Subject to rule 6(2), any notice required to be served on the Attorney General or the Designated Officer in proceedings on any petition may be served by delivering it or sending it by post to him.

20. The reasonable expenses incurred by any person in appear- ing to give evidence at the trial of a petition, equal to such sum of money as would be allowed to such person under section 52 of the Supreme Court Ordinance if he were a witness in any civil proceed- ing, may be allowed to him by a certificate of the Court or of the Registrar, and shall be deemed costs of the petition.

21. (1) All costs of any incidental to the presentation of a petition and the proceedings consequent thereon, except such as are under paragraph (2) otherwise provided for, shall be defrayed by the parties to the petition in such manner and in such proportions as the Court may determine; and in particular any costs which in the opinion of the Court have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petitioner or of the respondent, and any needless expense incurred or caused on the part of the petitioner or respondent, may be ordered to be defrayed by the parties by whom it has been incurred or caused whether or not they are on the whole successful.

(2) Where upon the trial of a petition it appears to the Court that a corrupt practice has not been proved to have been committed in reference to the election by or with the knowledge and consent of the respondent to the petition, and that the respondent took all reasonable means to prevent corrupt practices being committed on his behalf, but that any person or persons is or are proved, whether by providing money or otherwise, to have been extensively engaged in corrupt practices, or to have encouraged or promoted extensive corrupt practices, in reference to the election, the Court may, after giving that person or those persons an opportunity of being heard by counsel or solicitor and examining and cross-examining witnesses to show cause why the order should not be made, order the whole or part of the costs to be paid by that person or those persons or any of

solicitor and service of notices.

Witness"

expenses. (Cap. 4.)

Costs of petition.