Hong Kong Regulations

LEGISLATIVE COUNCIL (ELECTION PETITION) RULES - RULE 10

Time and place for trial of petition

(Past version on 16/01/1998).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(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 and Mainland Affairs; (L.N. 130 of
        2007)

   (e)  to the Electoral Affairs Commission; and

   (f)  to the Clerk to the Legislative Council.

(5) The Secretary for Constitutional and Mainland 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. (L.N. 130 of
2007)