1964_LEGISLATIVE_COUNCIL_(ELECTORAL_PROVISIONS)_ORDINANCE — Page 15

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 381] Legislative Council (Electoral Provisions)

[1988 Ed.

disqualified under section 21;

(d) that the person whose election is questioned was not duly elected.

(2) No election may be questioned on any one or more of the grounds referred to in subsection (1) except by an election petition.

(3) In subsection (1), the expressions "bribery", "personation", "treating", "undue influence", "corrupt practices" and "illegal practices" shall have the respective meanings assigned to them by the Corrupt and Illegal Practices Ordinance (Cap. 288).

Who may present election petition

30. An election petition may be presented either by 10 or more electors entitled to vote at the election which is questioned, or by a person claiming to have been a candidate in the election.

Who may be respondent

31. (1) Any person whose election is questioned by an election petition and the returning officer in respect of that election may be made a respondent to the petition.

(2) Two or more candidates in an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition shall be deemed to be a separate election petition against each respondent.

Jurisdiction of the Court in respect of election petition

32. (1) The Court shall have the same jurisdiction, powers and authority in respect of an election petition and all proceedings thereon as it has in respect of an ordinary cause within its jurisdiction.

(2) The trial of an election petition shall be held in open court and, unless the Chief Justice shall otherwise direct, before one judge.

(3) The Chief Justice may make rules providing for the effectual carrying out of this Part and for the regulation of matters relating to the preparation, presentation, service, trial and withdrawal of election petitions and costs in respect thereof (including the giving of security for costs), and the practice and procedure connected therewith.

Time within which election petition shall be presented

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.

Security for costs

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

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14 CAP. 381] Legislative Council (Electoral Provisions) [1988 Ed. (c) that the person whose election is questioned was at time of the election disqualified under section 21; (d) that the person whose election is questioned was not duly elected. (2) No election may be questioned on any one or more of the grounds referred to in subsection (1) except by an election petition. (3) In subsection (1), the expressions "bribery", "personation", "treating", "undue influence", "corrupt practices" and "illegal practices" shall have the respective meanings assigned to them by the Corrupt and Illegal Practices Ordinance (Cap. 288). Who may present election petition 30. An election petition may be presented either by 10 or more electors entitled to vote at the election which is questioned, or by a person claiming to have been a candidate in the election. Who may be respondent 31. (1) Any person whose election is questioned by an election petition and the returning officer in respect of that election may be made a respondent to the petition. (2) Two or more candidates in an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition shall be deemed to be a separate election petition against each respondent. Jurisdiction of the Court in respect of election petition 32. (1) The Court shall have the same jurisdiction, powers and authority in respect of an election petition and all proceedings thereon as it has in respect of an ordinary cause within its jurisdiction. (2) The trial of an election petition shall be held in open court and, unless the Chief Justice shall otherwise direct, before one judge. (3) The Chief Justice may make rules providing for the effectual carrying out of this Part and for the regulation of matters relating to the preparation, presentation, service, trial and withdrawal of election petitions and costs in respect thereof (including the giving of security for costs), and the practice and procedure connected therewith. Time within which election petition shall be presented 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. Security for costs 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 Page 15 Page 16

Baseline (Original)

14 CAP. 381] Legislative Council (Electoral Provisions) [1988 Ed. (c) that the person whose election is questioned was at time of the election disqualified under section 21; (d) that the person whose election is questioned was not duly elected. (2) No election may be questioned on any one or more of the grounds referred to in subsection (1) except by an election petition. (3) In subsection (1), the expressions "bribery", "personation”, “treat- ing", "undue influence", "corrupt practices" and "illegal practices" shall have the respective meanings assigned to them by the Corrupt and Illegal Practices Ordinance (Cap. 288). Who may present election petition 30. An election petition may be presented either by 10 or more electors entitled to vote at the election which is questioned, or by a person claiming to have been a candidate in the election. Who may be respondent 31. (1) Any person whose election is questioned by an election petition and the returning officer in respect of that election may be made a respondent to the petition. (2) Two or more candidates in an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition shall be deemed to be a separate election petition against each respondent. Jurisdiction of the Court in respect of election petition 32. (1) The Court shall have the same jurisdiction, powers and authority in respect of an election petition and all proceedings thereon as it has in respect of an ordinary cause within its jurisdiction. (2) The trial of an election petition shall be held in open court and, unless the Chief Justice shall otherwise direct, before one judge. (3) The Chief Justice may make rules providing for the effectual carrying out of this Part and for the regulation of matters relating to the preparation, presentation, service, trial and withdrawal of election petitions and costs in respect thereof (including the giving of security for costs), and the practice and procedure connected therewith. Time within which election petition shall be presented 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. Security for costs 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 Page 15Page 16

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