Hong Kong Ordinances

VILLAGE REPRESENTATIVE ELECTION ORDINANCE - SECT 45

Court to determine election petition

(1) At the end of the trial of an election petition questioning an election
that was not contested, the Court shall 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 the 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 questioning an election
that was contested, the Court shall 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 shall certify
the determination of the Court in writing. The judge shall 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 shall arrange for a copy of the
certificate of the Court to be delivered to the Secretary, the Electoral 
Affairs Commission and the Director.

(5) The Court may, on its own initiative, provide the Secretary, the
Electoral Affairs Commission or the Director 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.

(6) The Court shall comply with any request made by the Secretary, the
Electoral Affairs Commission or the Director to provide a report on any
specified matter arising in the course of the trial of an election  petition.

(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.