Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 67

Court to determine election petition

(Past version on 03/03/2000).
(Past version on 03/10/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) At the end of the trial of an election petition that relates to an
election that was not contested, the Court must determine whether any decision
of the Returning Officer as to the validity of a nomination was correct and,
if not correct, determine whether the person declared by that Officer to have
been elected in that election was or was not duly elected.

(2) At the end of the trial of an election petition in relation to an election
that was contested, the Court must determine whether the person whose election
is questioned was or was not duly elected and, if not duly elected, determine
whether some other person was duly elected instead.

(3) At the end of the trial, the Court must certify the determination of the
Court in writing. The judge must sign the certificate and ensure that the seal
of the Court is applied to the certificate. The determination as certified is
final as to the matters at issue concerning the election petition.

(4) The Registrar of the High Court must arrange for a copy of the certificate
of the Court to be delivered to the Secretary for Constitutional and Mainland
Affairs, the Electoral Affairs Commission and the
Clerk to the Legislative Council. (Amended L.N. 130 of 2007)

(5) The Court may, on its own initiative, provide the Secretary for
Constitutional and Mainland Affairs, or the Electoral Affairs Commission or
the Clerk to the Legislative Council with a report on any matter arising in
the course of the trial of an election petition if in its opinion the matter
should be reported. (Amended L.N. 130 of 2007)

(6) The Court must comply with any request made by the Secretary for
Constitutional and Mainland Affairs or the Electoral Affairs  Commission to
provide a report on any specified matter arising from the trial of an
election petition. (Amended L.N. 130 of 2007)

(7) If, at the end of the trial of an election petition, it appears to the
Court that a specified person may have engaged in corrupt or  illegal conduct
at or in connection with the election, the Court is required to provide the
Director of Public Prosecutions with a report giving details of the conduct.
(Added 10 of 2000 s. 47)