Hong Kong Regulations

DISTRICT COUNCILS (ELECTION PETITION) RULES - RULE 14

Evidence required for withdrawal of election petition

(1) Before leave to withdraw or abandon or cease to prosecute an election
petition is granted, there shall be produced affidavits by all parties to the
election 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 election petition, but if any agreement has been made
with respect to withdrawing or abandoning or ceasing to prosecute the election
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state the grounds on which the election petition is sought to be withdrawn or
abandoned or no longer prosecuted.

(4) Copies of the affidavits 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
election 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 election 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.