Hong Kong Ordinances

VILLAGE REPRESENTATIVE ELECTION ORDINANCE - SECT 46

What happens if election petition is withdrawn

(1) Subject to section 44(3), a petitioner shall not withdraw or abandon, or
cease to prosecute, an election petition unless the petitioner has obtained
the leave of the Court.

(2) At the hearing of an application for leave mentioned in subsection (1)-

   (a)  any person who could have lodged an election petition in respect of
        the election concerned, or the Secretary for Justice, may apply to the
        Court to be substituted as a petitioner; and

   (b)  the Court may, if it thinks appropriate, accordingly substitute that
        person or the Secretary for Justice for the original petitioner.

(3) If an application to withdraw or abandon, or to cease to prosecute, an
election petition is, in the opinion of the Court, induced by a corrupt
bargain or the offer or giving of corrupt consideration, the Court may direct
that the security given by or on behalf of the original petitioner is to
remain as security for any costs that are incurred by the substituted
petitioner. To the extent of such sum as the Court directs, the original
petitioner (and that original petitioner's sureties, if any) is to be liable
to pay the costs of the substituted petitioner.

(4) If the Court does not so direct, then before the substituted petitioner
may proceed with the substituted election petition, security of the same
amount as would be required to be given under section 44 in the case of an
original election petition shall be given by or on behalf of that petitioner
in the same manner and form, and within such period, as the Court directs.
This subsection does not apply to the Secretary for Justice.

(5) Subject to subsections (3) and (4), a substituted petitioner stands in the
same position as the original petitioner.

(6) If a petitioner is substituted for the original petitioner, the original
petitioner shall provide the substituted petitioner with all evidence
available to the original petitioner and relevant to the continued prosecution
of the election petition.

(7) The petitioner is liable to pay the costs of the respondent if-

   (a)  the election petition is withdrawn or abandoned;

   (b)  the petition is taken to have been withdrawn under section  44 (3); or

   (c)  the petitioner ceases to prosecute the petition.

(8) If there are 2 or more petitioners, an application to withdraw or abandon,
or to cease to prosecute, the election petition can be made only with the
consent of all the petitioners.

(9) Any person who-

   (a)  contravenes subsection (1); or

   (b)  without reasonable excuse, fails to comply with subsection (6),
        commits an offence and is liable on conviction to a fine at level 2
        and to imprisonment for 6 months.