1964_LEGISLATIVE_COUNCIL_(ELECTORAL_PROVISIONS)_ORDINANCE — Page 18

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] Legislative Council (Electoral Provisions) [CAP. 381

(2) A respondent who has given notice under subsection (1)(b) shall not be allowed to appear or act as a party against the election petition in any proceedings thereon.

Validation of acts done pending election petition

39. Where under section 35 the Court certifies a determination that a candidate declared to have been elected in an election has not been duly elected, acts done by him in the execution of his office as an elected Member before the time when the certificate is received by the Chief Secretary shall not be invalidated by reason of that determination.

Vacancy where candidate not duly elected or election void

40. Where the Court determines on an election petition that any person declared to have been elected in the election has not been duly elected and no other person was duly elected, or that the election was void, such first-mentioned person shall cease to hold office as an elected Member.

PART VIII

MISCELLANEOUS PROVISIONS

Secrecy of vote

41. No person who has voted at an election shall be required to state for whom he voted.

Governor may give directions

42. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any of his functions, duties or powers under this Ordinance.

(2) A public officer shall, in the exercise or performance of his functions, duties or powers under this Ordinance, comply with any direction given by the Governor under subsection (1).

(3) This section shall not apply to any person acting in a judicial capacity.

Forms

43. Subject to this Ordinance, the registration officer may specify the form of any application, notice, record, return or other document required for the purposes of this Ordinance.

Proceedings against persons on grounds of disqualification

44. (1) Proceedings may be instituted in the Court against any person acting as an elected Member or claiming to be entitled so to act on the ground that he is disqualified within the meaning of subsection (8) from acting in that

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2026-05-04 22:48:47 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct

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1988 Ed.] Legislative Council (Electoral Provisions) [CAP. 381 17 (2) A respondent who has given notice under subsection (1)(b) shall not be allowed to appear or act as a party against the election petition in any proceedings thereon. Validation of acts done pending election petition 39. Where under section 35 the Court certifies a determination that a candidate declared to have been elected in an election has not been duly elected, acts done by him in the execution of his office as an elected Member before the time when the certificate is received by the Chief Secretary shall not be invalidated by reason of that determination. Vacancy where candidate not duly elected or election void 40. Where the Court determines on an election petition that any person declared to have been elected in the election has not been duly elected and no other person was duly elected, or that the election was void, such first-mentioned person shall cease to hold office as an elected Member. PART VIII MISCELLANEOUS PROVISIONS Secrecy of vote 41. No person who has voted at an election shall be required to state for whom he voted. Governor may give directions 42. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any of his functions, duties or powers under this Ordinance. (2) A public officer shall, in the exercise or performance of his functions, duties or powers under this Ordinance, comply with any direction given by the Governor under subsection (1). (3) This section shall not apply to any person acting in a judicial capacity. Forms 43. Subject to this Ordinance, the registration officer may specify the form of any application, notice, record, return or other document required for the purposes of this Ordinance. Proceedings against persons on grounds of disqualification 44. (1) Proceedings may be instituted in the Court against any person acting as an elected Member or claiming to be entitled so to act on the ground that he is disqualified within the meaning of subsection (8) from acting in that

Baseline (Original)

1988 Ed.] Legislative Council (Electoral Provisions) [CAP. 381 17 (2) A respondent who has given notice under subsection (1)(b) shall not be allowed to appear or act as a party against the election petition in any proceedings thereon. Validation of acts done pending election petition 39. Where under section 35 the Court certifies a determination that a candidate declared to have been elected in an election has not been duly elected, acts done by him in the execution of his office as an elected Member before the time when the certificate is received by the Chief Secretary shall not be invalidated by reason of that determination. Vacancy where candidate not duly elected or election void 40. Where the Court determines on an election petition that any person declared to have been elected in the election has not been duly elected and no other person was duly elected, or that the election was void, such first- mentioned person shall cease to hold office as an elected Member. PART VIII MISCELLANEOUS PROVISIONS Secrecy of vote 41. No person who has voted at an election shall be required to state for whom he voted. Governor may give directions 42. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by any public officer of any of his functions, duties or powers under this Ordinance. (2) A public officer shall, in the exercise or performance of his functions, duties or powers under this Ordinance, comply with any direction given by the Governor under subsection (1). (3) This section shall not apply to any person acting in a judicial capacity. Forms 43. Subject to this Ordinance, the registration officer may specify the form of any application, notice, record, return or other document required for the purposes of this Ordinance. Proceedings against persons on grounds of disqualification 44. (1) Proceedings may be instituted in the Court against any person acting as an elected Member or claiming to be entitled so to act on the ground that he is disqualified within the meaning of subsection (8) from acting in that

2026-05-04 22:48:47 · Baseline

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