Hong Kong Regulations

LEGISLATIVE COUNCIL (ELECTION PETITION) RULES - SCHEDULE SCHEDULE

(Past version on 16/01/1998).

[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).

*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 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 declared that *that candidate/those candidates
*was/were elected for the above-mentioned Constituency 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 declared (name of successful
        candidate or names of successful candidates) to be elected for the
        above-mentioned Constituency 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 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 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 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 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.

(25 of 2003 s. 50)