Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 55

Court to determine election petition

(Past version on 03/03/2000).
(Past version on 19/03/1999).

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 that relates 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 of an election petition, 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 Director of Home Affairs.
(Amended L.N. 130 of 2007)

(5) The Court may, on its own initiative, provide the Secretary for
Constitutional and Mainland Affairs, the Electoral Affairs Commission or the
Director of Home Affairs 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, the Electoral Affairs Commission or the
Director of Home Affairs 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)