Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 61

Election may be questioned only by election petition made on specified grounds

(Past version on 03/10/1997).

PART VII

ELECTION PETITIONS

(1) An election to return a Member may be questioned only on the following
grounds-

   (a)  the ground that the person declared by the Returning Officer in
        accordance with regulations in force under the Electoral Affairs 
        Commission Ordinance ( Cap. 541) to have been elected as a Member at
        the election was not duly elected because-

        (i)    the person was ineligible to be, or was disqualified from
               being, a candidate at the election; or

        (ii)   corrupt or illegal conduct was engaged in by or in respect of
               that person at or in connection with the election; or (Amended
               10 of 2000 s. 47)

        (iii)  corrupt or illegal conduct was generally prevalent at or in
               connection with the election; or (Amended 10 of 2000 s. 47)

        (iv)   material irregularity occurred in relation to the election, or
               to the polling or counting of votes at the election; or

   (b)  a ground specified in any other enactment that enables an election to
        be questioned.

(2) An election to return a Member may be questioned only by an
election petition lodged under section 62.

(3) In this section-

"corrupt or illegal conduct" (舞弊或非法行為) means
corrupt or illegal conduct in contravention of the
Elections (Corrupt and Illegal Conduct) Ordinance ( Cap 554);

"election" (選舉) includes nomination proceedings and the decisions of the
Returning Officer or any Assistant Returning Officer. (Replaced 10 of 2000 s.
47)

"corrupt or illegal conduct" (舞弊或非法行為)

"election" (選舉)