Hong Kong Regulations

DISTRICT COUNCILS (ELECTION PETITION) RULES - RULE 21

Costs of election petition

(Past version on 04/06/1999).

(1) All costs of, or incidental to, the lodgement of an election petition and
the proceedings consequent thereon, except such as are otherwise provided for
under subrule (3), shall be defrayed by the parties to the election petition
in such manner and in such proportions as the Court may determine.

(2) Any costs which in the opinion of the Court have been caused by vexatious
conduct, unfounded allegations or unfounded objections on the part either of
the petitioner or of the respondent, and any needless expenses incurred or
caused on the part either of the petitioner or of the respondent, may be
ordered to be defrayed by the parties by whom those costs or expenses have
been incurred or caused whether or not those parties are on the whole
successful.

(3) Where upon the trial of an election petition it appears to the Court that-

   (a)  corrupt conduct has not been proved to have been engaged in in
        reference to the election by or with the knowledge and consent of the
        respondent to the election petition; and (10 of 2000 s. 47)

   (b)  the respondent took all reasonable means to prevent corrupt conduct
        being engaged in on his behalf; but (10 of 2000 s. 47)

   (c)  any person or persons is or are proved, whether by providing money or
        otherwise, to have been extensively engaged in corrupt conduct, or to
        have encouraged or promoted extensive corrupt conduct, in reference to
        the election, (10 of 2000 s. 47) the Court may, after giving that
        person or those persons an opportunity of being heard by counsel or
        solicitor and examining and cross-examining witnesses to show cause
        why an order should not be made, order-

        (i)    the whole or part of the costs to be paid by that person or
               those persons or any of them; but

        (ii)   if the costs cannot be, or are unlikely to be, so recovered
               from one or more of those persons, that they shall be paid by
               some other of those persons or by the petitioner or petitioners
               or the respondent or respondents.