1988 Ed.] Legislative Council (Electoral Provisions) [CAP. 381
15
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.
Determination of Court
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.
Withdrawal of election petition; substitution of new petitioner
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 substituted election petition, and within such time as the Court may direct.
1988 Ed.] Legislative Council (Electoral Provisions) [CAP. 381
15
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.
Determination of Court
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.
Withdrawal of election petition; substitution of new petitioner
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 substituted election petition, and within such time as the Court may direct.
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