Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 58

When respondent can withdraw from election petition proceedings and be substituted

(1) If, before the trial of an election petition, a respondent other than a
Returning Officer-

   (a)  dies, resigns or otherwise ceases to hold the office to which the
        petition relates; or

   (b)  gives the Registrar of the High Court notice that the respondent does
        not intend to oppose the petition, that Registrar must publish in the
        Gazette a notice of that fact.

(2) Within 14 days after the publication of such a notice, any person who
could have lodged an election petition in respect of the election concerned
may apply to the Court in writing to be substituted as a respondent to oppose
the election petition. On receiving such an application, the Court must order
the applicant to be substituted as respondent to the petition.

(3) A respondent who has given notice under subsection (1)(b) cannot appear or
participate in the proceedings on the election petition in opposition to that
petition.