Hong Kong Regulations

CHIEF EXECUTIVE ELECTION (ELECTION PETITION) RULES - SECT 15

Circumstances in which petition is regarded as withdrawn

(1) A petition shall be regarded as having been withdrawn-

   (a)  upon the death of the petitioner or, where the petition is lodged by
        more than one petitioner, the last remaining petitioner;

   (b)  where the respondent returned at an election cannot assume the office
        of the Chief Executive, upon the publication in the Gazette of a
        notice of the new polling date fixed under section 11(3) of the
        Ordinance; or (L.N. 285 of 2001)

   (c)  where the respondent returned at an election ceases to hold the office
        of the Chief Executive, upon the publication in the Gazette of a
        notice declaring the vacancy in the office under section 5 of the
        Ordinance. (L.N. 285 of 2001)

(2) If a petition is regarded as having been withdrawn under subsection (1)
upon the death of the petitioner- (L.N. 285 of 2001)

   (a)  the solicitor acting for him in the proceedings at the date of his
        death; or

   (b)  where no solicitor acts for him at such date, any respondent learning
        of the death, shall file a notice of the death of the petitioner.

(3) If a petition is regarded as having been withdrawn under subsection (1),
the Registrar shall, as soon as practicable after the withdrawal, publish a
notice of the withdrawal in the Gazette.