Hong Kong Regulations

LEGISLATIVE COUNCIL (ELECTION PETITION) RULES - RULE 10

Time and place for trial of petition

Caution: This is a past version. See the current version here.

(1) The petitioner shall, within 28 days of giving security in accordance with
section 66 of the Ordinance and these Rules, apply by summons to a judge for a
time and place to be fixed for the trial of the petition.

(2) If the petitioner fails to make an application under subrule

(1) within the period specified under that subrule, any respondent may, within
7 days of the expiry of such period, apply to a judge in the same manner as
specified in subrule (1) for a time and place to be fixed for the trial of the
petition.

(3) If no application to fix the time and place for the trial of the petition
is made in accordance with subrule (1) or (2), the Registrar shall refer the
matter to a judge, who shall thereupon fix such a time and place.

(4) Not less than 7 days before the day so fixed the Registrar shall cause a
notice of the time and place of the trial to be displayed in a conspicuous
place in the High Court, and cause a copy of that notice to be sent-

   (a)  to the petitioner;

   (b)  to the respondent;

   (c)  to the Secretary for Justice;

   (d)  to the Secretary for Constitutional Affairs;

   (e)  to the Electoral Affairs Commission; and

   (f)  to the Clerk to the Legislative Council.

(5) The Secretary for Constitutional Affairs shall, forthwith upon receipt of
such notice, cause it to be displayed in the same manner as provided under
rule 5(3)(a) in respect of a copy of a petition.