Hong Kong Regulations

LEGISLATIVE COUNCIL (ELECTION PETITION) RULES - SCHEDULE SCHEDULE

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

[rule 4]

ELECTION PETITION

IN THE HIGH COURT OF HONG KONG

ORIGINAL JURISDICTION

In the Matter of the Legislative Council Ordinance ( Cap 542) and

*In the Matter of a Legislative Council election for the *(name of
geographical constituency) Geographical Constituency/(name of functional
constituency) Functional Constituency held on (date of election).

        (or)   *In the Matter of a Legislative Council election by the Election 
Committee held on (date of election).

*1. The Petition of (name of Petitioner) states-

   (a)  that the Petitioner was a candidate at the above election;

        (or)   *1.	The Petition of (names of 10 or more Petitioners) states-


   (a)  that the Petitioners are *electors/members of the Election Committee
        who were entitled to vote at the above election;

*(b) in an election which was not contested, that *(name of candidate) was a
candidate at the election/(name of each candidate) were candidates at the
election, and on (date on which that candidate was declared elected or those
candidates were declared elected) the Returning Officer for the
above-mentioned *Constituency/Election Committee declared that *that
candidate/those candidates *was/were elected *for the above-mentioned
Constituency/by the above-mentioned Election Committee in a notice of
nominations published in accordance with regulations in force under the
Electoral Affairs Commission Ordinance ( Cap 541); and

   (or) *(b) in a contested election, that the poll was held on the above day,
        that (name of each candidate) were candidates at that election, and on
        (date on which the successful candidate was declared elected or
        successful candidates were declared elected) the Returning Officer for
        the above-mentioned *Constituency/Election Committee declared

(name of successful candidate or names of successful candidates) to be elected
*for the above-mentioned Constituency/by the above-mentioned Election
Committee in a notice of result of election prepared in accordance with
regulations in force under the Electoral Affairs  Commission Ordinance (
Cap 541), and that that notice was published in the Gazette on (date of
publication in Gazette of notice of result of election) in accordance with the
regulation in force under that Ordinance; and

   (c)  that (ground under section 61(1) of the Ordinance on which the
        election is questioned and on which relief is to be sought and the
        facts on which the Petitioner relies or the Petitioners rely).

*2. The *Petitioner/Petitioners therefore *requests/request, in the case of an
election which was not contested, the Court to determine-

   (a)  whether any decision of the Returning Officer for the above-mentioned
        *Constituency/Election Committee as to the validity of any nomination
        in the notice of nominations was correct;

   (b)  if the Court determines that the decision of the Returning Officer was
        not correct, whether the *candidate/candidates declared by the
        Returning Officer to have been elected *for the above-mentioned
        Constituency/by the Election Committee in that notice of nominations

*was/were duly elected; and

   (c)  any further or other relief as may be just.

   (or) *2. The Petitioner therefore requests, in the case of a contested
        election, the Court to determine-

   (a)  whether *the candidate (to be named)/some other candidate (to be
        named) declared by the Returning Officer for the above-mentioned

*Constituency/Election Committee to be elected in the notice of result of
election was duly elected;

   (b)  if the Court determines that that person was not duly elected, whether
        *the Petitioner/some other candidate (to be named) was duly elected in
        his place; and

   (c)  any further or other relief as may be just.

   (or) *2. The Petitioners therefore request, in the case of a contested
        election, the Court to determine-

   (a)  whether *the candidate (to be named)/some other candidate (to be
        named)/the candidates (to be named) declared by the Returning Officer
        for the above-mentioned *Constituency/Election Committee to be elected
        in the notice of result of election *was/were duly elected;

   (b)  if the Court determines that *that person/those persons

*was/were not duly elected, whether *the other candidate (to be named)/some
other candidate (to be named)/the other candidates (to be named) *was/were
duly elected in *his/their place; and

   (c)  any further or other relief as may be just.

Dated this .................. day of ....................... 19 ..........

Signed

*Petitioner/Petitioners

   (or) *Solicitors

*This Petition is lodged by the *Petitioner/Petitioners.

   (or) *This Petition is lodged by (name of solicitors), Solicitors acting
        for and on behalf of the *Petitioner/Petitioners. The address for
        service is (address to be stated).

It is proposed to serve a copy of this Petition on (name of Respondent or
names of Respondents) and on the Secretary for Justice.

* Delete whichever is inapplicable.