Hong Kong Regulations

DISTRICT COUNCILS (ELECTION PETITION) RULES - RULE 11

Trial of election petition

(Past version on 04/06/1999).

(1) The trial of an election petition shall be proceeded with notwithstanding
that the respondent has ceased to hold the office his election to which is
questioned by the election petition.

(2) Where more election petitions than one are lodged relating to the same
election, the Court may, upon its own motion or application by a party to any
such election petition, order those election petitions to be consolidated on
such terms as it thinks fit or order them to be tried at the same time or one
immediately after another.

(3) On the trial of an election petition, unless the Court otherwise directs,
any charge of corrupt or illegal conduct may be inquired into, and evidence in
relation thereto may be received, before any proof has been given of agency on
behalf of any candidate in respect of the corrupt or illegal conduct. (10 of
2000 s. 47)

(4) Subject to rule 12(4)(a), on the trial of an election petition complaining
that a person was not duly elected and claiming the office for some other
person, the respondent may give evidence to prove that that other person was
not duly elected in his place, in the same manner as if he had lodged an
election petition questioning the election of that person.