Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 49

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

(Past version on 19/03/1999).

Division 4-Election Petitions

(1) An election to return an elected 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 an
        elected 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 an elected member may be questioned only by an
election petition lodged under section 50.

(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)