HKLII Hong Kong Ordinances

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VILLAGE REPRESENTATIVE ELECTION ORDINANCE - SECT 48

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 of village 
        representative 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 the Registrar shall 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 petition. On receiving such an application, the Court shall order the
applicant to be substituted as a 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 the
petition.



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