Hong Kong Regulations

LEGISLATIVE COUNCIL (ELECTION PETITION) RULES - RULE 12

Lists of objections in recriminatory case

(Past version on 16/01/1998).

(1) Where on the trial of a petition complaining that a person was not duly
elected and claiming the office for some other person, the respondent intends
to give evidence in accordance with rule 11(4) to prove that that other person
was not duly elected in his place, the respondent shall, not less than 7 days
before the day fixed for the trial of the petition, file a list of his
objections to the election of that other person on which he intends to rely
and serve a copy of the list on the petitioner and the Secretary for Justice.

(2) Where the petition claims the office for an unsuccessful candidate on the
ground that-

   (a)  that person who is a candidate at an election for a functional
        constituency; or (25 of 2003 s. 50)

   (b)  the list of candidates referred to in section 38(10) of the Ordinance
        on which that person is one of the candidates, had the number of valid
        votes that entitled him to claim the office, every party shall, not
        less than 7 days before the date fixed for the trial, file a list of
        the votes which that party contends were wrongly admitted or wrongly
        rejected, stating in respect of each such vote the grounds for his
        contention, and serve a copy of the list on every other party and the
        Secretary for Justice.

(3) Any party to a petition may inspect and obtain a copy of any list filed in
accordance with subrule (1) or (2).

(4) Except by leave of the Court, and upon such terms as the Court may order,
no evidence shall be given-

   (a)  by a respondent, of any objection to the election of any person which
        is not specified in a list filed by him in accordance with subrule

(1); or

   (b)  by a party against the admission or rejection of any vote, or as to
        any ground of contention, which is not specified in a list filed by
        him in accordance with subrule (2).