Hong Kong Regulations

CHIEF EXECUTIVE ELECTION (ELECTION PETITION) RULES - SECT 12

Evidence required for withdrawal of petition

(1) Before leave to withdraw a petition is granted, there shall be produced
affidavits by all parties to the 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
to do so.

(2) Each affidavit-

   (a)  shall state that, to the best of the knowledge and belief of the
        deponent-

        (i)    no agreement of any kind has been made; and

        (ii)   no undertaking has been entered into, in respect of withdrawing
               the petition; or

   (b)  shall, where any agreement has been made in respect of withdrawing the
        petition-

        (i)    set forth that agreement; and

        (ii)   make the statement referred to in paragraph (a) subject to what
               appears from the affidavit.

(3) The affidavits of the petitioner and his solicitor (if any) shall further
state the grounds on which the petition is sought to be withdrawn.

(4) Copies of the affidavits shall be delivered to the Secretary for Justice
not less than 7 days before the date of hearing appointed under section 11(1).

(5) At the hearing of an application for leave to withdraw a petition, the
Court may-

   (a)  hear the Secretary for Justice or his representative in opposition to
        the application; and

   (b)  receive the evidence on oath of any person whose evidence the
        Secretary for Justice or his representative considers material.

(6) Where more than one solicitor act for the petitioner or respondent,
whether as agent for another solicitor or otherwise, the affidavit shall be
made by all such solicitors.