Hong Kong Regulations

CHIEF EXECUTIVE ELECTION (ELECTION PETITION) RULES - SECT 8

Time and place for trial of petition

(Past version on 11/01/2002).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) The petitioner shall-

   (a)  at the time when the petition is filed;

   (b)  within 2 days after the filing of the petition; or

   (c)  within such other period as the Court may direct, apply by summons to
        a judge for a date, time and place to be fixed for the trial of the
        petition.

(2) If the petitioner fails to make an application in accordance with
subsection (1), any respondent may, within 3 days after the deadline for such
application, apply by summons to a judge for a date, time and place to be
fixed for the trial of the petition.

(3) If no application is made in accordance with subsection (1) or

(2)-

   (a)  the Registrar shall refer the matter to a judge; and

   (b)  the judge shall upon such referral fix a date, time and place for the
        trial of the petition.

(4) As soon as practicable after the date, time and place for the trial of a
petition has been fixed, the Registrar shall display a notice of the date,
time and place at a conspicuous place in the High Court Building and send a
copy of that notice to-

   (a)  the petitioner;

   (b)  the respondent;

   (c)  the Secretary for Justice;

   (d)  the Secretary for Constitutional and Mainland Affairs; and (L.N. 130
        of 2007)

   (e)  the Electoral Affairs Commission.