Hong Kong Regulations

DISTRICT COUNCILS (ELECTION PETITION) RULES - SCHEDULE SCHEDULE

[rule 4]

ELECTION PETITION

IN THE HIGH COURT OF HONG KONG

ORIGINAL JURISDICTION

In the Matter of the District Councils Ordinance ( Cap 547)

and

In the Matter of a District Council election for the (name of constituency)
Constituency held on (date of election).

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

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

   (or) *1. The Election 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, and on (date on which that candidate was declared
elected) the Returning Officer for the above-mentioned Constituency declared,
for the purposes of section 39(1) of the Ordinance, that candidate to be
elected for the above-mentioned Constituency in a notice published in the
Gazette on (date of publication in Gazette of that notice) 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 the election, and on
        (date on which the successful candidate was declared elected) the
        Returning Officer for the above-mentioned Constituency declared (name
        of successful candidate) 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 regulations in force under that
        Ordinance; and

   (c)  that (ground under section 49(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 therefore requests the Court to determine-

   (a)  whether the candidate (to be named) declared by the Returning Officer
        for the above-mentioned Constituency to be elected in the notice was
        duly elected;

   (b)  if the Court determines that that person was not duly elected, whether
        the Petitioner or another 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 the Court to determine-

   (a)  whether the candidate (to be named) declared by the Returning Officer
        for the above-mentioned Constituency to be elected in the notice was
        duly elected;

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

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

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

Signed

*Petitioner/Petitioners

   (or) *Solicitors

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

   (or) *This Election 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 Election Petition on (name of
Respondent or names of Respondents) and on the Secretary for Justice.

* Delete whichever is inapplicable.