Hong Kong Regulations

LEGISLATIVE COUNCIL (ELECTION PETITION) RULES - RULE 14

Evidence required for withdrawal of petition

(1) Before leave to withdraw or abandon or cease to prosecute a petition is
granted, there shall be produced affidavits by all parties to the petition and
their solicitors (if any) and by the election agents (if any) of all the
parties who were candidates at the election, but the Court may dispense with
the affidavit of any particular person if it seems to the Court on special
grounds to be just so to do.

(2) Each affidavit shall state that, to the best of the knowledge and belief
of the deponent, no agreement of any kind whatsoever has been made, and no
undertaking has been entered into, in relation to withdrawing or abandoning or
ceasing to prosecute the petition, but if any agreement has been made with
respect to withdrawing or abandoning or ceasing to prosecute the petition, the
affidavit shall set forth that agreement and shall make the foregoing
statement subject to what appears from the affidavit.

(3) The affidavits of the applicant and his solicitor (if any) shall further
state the grounds on which the petition is sought to be withdrawn or abandoned
or no longer prosecuted.

(4) Copies of the affidavit shall be delivered to the Secretary for Justice
not less than 7 days before the day appointed for the hearing of the
application for leave to withdraw or abandon or cease to prosecute the
petition, and the Court may hear the Secretary for Justice or his
representative in opposition to the application for leave to withdraw or
abandon or cease to prosecute the petition, and shall have power to receive
the evidence on oath of any person or persons whose evidence the Secretary for
Justice or his representative may consider material.

(5) Where more than one solicitor is concerned for the petitioner or
respondent, whether as agent for another solicitor or otherwise, the affidavit
shall be made by all such solicitors.