Hong Kong Regulations

LEGISLATIVE COUNCIL (ELECTION PETITION) RULES - RULE 13

Application for leave to withdraw 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) An application for leave to withdraw or abandon or cease to prosecute a
petition shall be made by motion to the Court at such time and place as the
Court may appoint.

(2) Not less than 7 days before the day so appointed the applicant shall-

   (a)  serve a notice of the intended motion on the respondent, the Secretary
        for Justice, the Secretary for Constitutional and Mainland Affairs,
        the Electoral Affairs Commission and the Clerk to the Legislative
Council, and file a copy with the Registrar; and   (L.N. 130 of 2007)


   (b)  publish a notice of the intended motion in at least two newspapers
        circulating in Hong Kong, one being published in English and the other
        one being published in Chinese.

(3) The notice of the intended motion shall state the grounds on which the
application is made to withdraw or abandon or cease to prosecute the petition,
and shall contain a statement to the effect that on the hearing of the
application any person who might have been a petitioner in respect of the
election or the Secretary for Justice may apply to the Court to be substituted
as a petitioner.

(4) The Secretary for Constitutional and Mainland Affairs shall, forthwith
upon receipt of the notice under subrule (2)(a), 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)