Hong Kong Regulations

CHIEF EXECUTIVE ELECTION (ELECTION PETITION) RULES - SCHEDULE SCHEDULE

(Past version on 08/12/2006).
(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. [section 5]

ELECTION PETITION

IN THE COURT OF FIRST INSTANCE OF THE HIGH COURT OF HONG KONG

ORIGINAL JURISDICTION

In the Matter of the Chief Executive Election Ordinance ( Cap 569) and In the
Matter of the election of the Chief Executive held on (date of election).

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

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

   (or) *1. The Petition of (name of Petitioner) as subscribed to by (names of
        members of the Election Committee) states-

   (a)  that the Petitioner is *a person who was determined under section 17
        of the Chief Executive Election Ordinance ( Cap 569) to be not validly
        nominated/a person the nomination of whom was not accepted by the
        Returning Officer/a person who was disqualified under section 20(1) of
        that Ordinance from being elected and that the persons who have
        subscribed to the Petition are members of the Election Committee;

*(b) [in an uncontested election] that the poll was conducted on the above
day, that (name of candidate) was the only candidate nominated at the
election, and on (date on which the candidate was declared elected) the
Returning Officer declared (name of candidate) to be elected under
section 28(1)(a) of the Chief Executive Election Ordinance ( Cap 569) and that
a notice of the result of the election was published in the Gazette on (date
of publication in the Gazette of the notice of the result of the election)
under section 28(1)(b) of that Ordinance; and

   (or) *(b) [in an uncontested election] that the poll was conducted on the
        above day, that (name of candidate) was the only candidate nominated
        at the election, and on (date on which the Returning Officer declared
        that no candidate was returned at the election) the Returning Officer
        declared under section 22(1AB)(c) of the Chief Executive 
        Election Ordinance ( Cap 569) that no candidate was returned at the
        election and that a notice of the result of the poll was published in
        the Gazette on (date of publication in the Gazette of the notice of
        the result of the poll) under section 22(1AB)(d) of that Ordinance;
        and

   (or) *(b) [in a contested election] that the poll was conducted on the
        above day, that (name of each candidate) were candidates at that
        election, and on (date on which the successful candidate was declared
        elected) the Returning Officer declared (name of the successful
        candidate) to be elected under section 28(2)(a) of the
        Chief Executive  Election Ordinance ( Cap 569), and that a notice of
        the result of the election was published in the Gazette on (date of
        publication in the Gazette of the notice of the result of the
        election) under section  28 (2)(b) of that Ordinance; and

   (c)  that (ground under section 32(1) of the Chief Executive 
        Election Ordinance ( Cap 569) on which the election is questioned and
        on which relief is sought and the facts on which the Petitioner
        relies).

*2. The Petitioner therefore requests, in the case of an uncontested election
in which the Returning Officer declared under section  22 (1AB)(c) of the
Chief Executive Election Ordinance ( Cap 569) that no candidate was returned
at the election, the Court to determine whether

(name of the only candidate nominated at the election) is duly elected.

   (or) *2. The Petitioner therefore requests, in the case of an election at
        which a candidate was declared as elected, the Court to determine
        whether the candidate is duly elected.

Dated this ................... day of
.......................................................... 20 ............

Signed

*Petitioner

   (or) *Solicitors

Subscribers

Name of Address of Signature of Election Committee Election Committee Election
Committee Member Member Member

*This Petition is lodged by the Petitioner.

   (or) *This Petition is lodged by (name of solicitors), Solicitors acting
        for and on behalf of the Petitioner. The address of service is
        (address to be stated). It is proposed to serve a copy of this
        Petition on (name of Respondent or names of Respondents), the
        Secretary for Justice, the Secretary for Constitutional and Mainland
        Affairs and the Electoral Affairs Commission.

*Delete whichever is inapplicable. (L.N. 211 of 2006; L.N. 130 of 2007)