ELECTORAL PROVISIONS ORDINANCE

ELECTORAL PROVISIONS ORDINANCE

LAWS OF HONG KONG

ELECTORAL PROVISIONS ORDINANCE

CHAPTER 367





CHAPTER 367

ELECTORAL PROVISIONS ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART I

PRELIMINARY

1. Short title ...........................3
2. Interpretation ........................3
3. Declaration of constituencies and vacancies for members therein 5
4. Forms .................................5
5. The Governor may give directions ......5

PART II

ELECTORAL FRANCHISE


6. Entitlement to vote ...................6
7. Qualification for registration as an elector 6
8. Residential qualification .............6
9. Age qualification .....................7
10. Possession of identity card ..........7
11. Disqualification from registration ...7
12. Elector may only vote in respect of his own constituency 8

PART III

REGISTRATION

13. Registration officer and staff .......8
14. Compilation of registers .............9
15. Revising officer .....................9
16. Appeals to revising officer ..........9
17. Power to make regulations ............9

PARTIV

QUALIFICA11ONS FOR CANDIDATURE AND ELECTION
OF MEMBERS
AND MATTERS CONNECTED THEREWITH

18. Qualification for nomination as a candidate 10
19. Disqualifications for nomination or election 10





Section.................................... Page
20. Eligibility for re-election .........11
21. Any elector may be a candidate, but for one constituency only 11
22. Effect of election to second District Board 12
22A. Effect of election in other Council area 12
PART V
ELECTIONS
23. Returning officers and staff ........13
24. Conduct of elections ...................................13
25. Saving ..............................13
26. Presumption of validity of election .14
27. Penalties concerning conduct of elections 14
28. Power to make regulations ...........14

PART VI

ELECTION
PETITIONS

29. Interpretation ......................15
30. Power to question election by petition 15
31. Who may present petition ............15
32. Who may be respondent ...............16
33. Signature and presentation of petition 16
34. Jurisdiction of Supreme Court in respect of petition 16
35. Time within which petition shall be presented 16
36. Security for costs ..................17
37. Determination of Court ..............17
38. Withdrawal of petition ..............17
39. Abatement of petition ...............18
40. Withdrawal and substitution of respondent 19
41. Validation of acts done pending a petition 19
42. Elections in place of persons unseated on petition 19
PART VII
MISCELLANEOUS
43. Time limit for laying complaint or information 19

44. Secrecy............................of vote
............................................................................................. 20





CHAPTER 367

ELECTORAL PROVISIONS

Toprovide for the elections of persons to act as member of the Urban Council, of
the Regional Council and of District Boards and for matters connected
therewith.

(Amended 41 of 1985 s. 15)

[17July1981] L.N. 226 of 1981

Originally 43 of 1981 - L.N. 370 of 1981,4 of 1982,65 of 1984, 41 of1985, R.Ed. 1985, 31 of
1987, 11 of 1988, 84 of 1988, L.N. 378 of 1989

PART I

PRELIMINARY

1. Short title

This Ordinance may be cited as the Electoral Provisions Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires-

'by-election' means an election, other than an ordinary election, held to fill any
vacancy in the office of a member which occurs or is declared under this
Ordinance or any other enactment;

'constituency' means an area declared to be a constituency under section
3(1)(a), (b) or (e); (Amended 41 of 1985 s. 16)

'Designated Officer' means in relation to, or to any matter arising from, an election

(a) to the Urban Council, the Secretary of the Urban Council;

(b) to the Regional Council, the Secretary of the Regional Council;

(c)in a District in the Urban Council area, the Regional Secretary (Hong
Kong and Kowloon);

(d) in a District in the Regional Council area, the Regional Secretary
(New Territories); (Replaced 41 of 1985 s. 16)

'District' has the meaning assigned to it in the District Boards Ordinance

(Cap. 366);

'election' means an ordinary election or a by-election of persons to act as members







(a) ofthe Urban Council;

(b) of the Regional Council; or

(c) of a Distriet Board; (Replaced 41 of 1985s 16)

election petition' means an election petition under Part VI;

'elector' means a person whose name or identity card number is included in
a register under this Ordinance and who is not disqualified from being

registered or from voting at an election; (Amended 65 of 1984s. 17)

'final register' means, in relation to the registration of electors or to any election,
the final register compiled and published under this Ordinance and in force on
the date of the registration or the election, as the case may be;
'identity card' means an identity card issued under the Registration of Persons
Ordinance (Cap. 177);

'identity card number' means the reference number appearing on an identity card;

'member' means a person who has been elected to act as a member of the Urban
Council, of the Regional Council or of a District Board; (Amended 41 of 1985 s. 16)

'ordinary election' means an election to fill the vacancies on the Urban Council, on
the Regional Council or on a District Board caused by the expiration of the term
of office of members; (Replaced 65 of 1984 s. 17. Amended 41 of 1985 s. 16)

'provisional register' means the provisional register compiled under this
Ordinance;

'Regional Council area' has the meaning assigned to it in the District Boards
Ordinance(Cap. 366); (Added4] of 1985 s. 16)

'register' means a register of electors compiled under this Ordinance;

'registration officer' means a person appointed under section 13 to be the
registration officer or an assistant registration officer;

'returning officer' means a person appointed under section 23 to be a returning
officer or an assistant returning officer;

revising officer' means the Registrar of the Supreme Court or where the Chief
Justice has, under section 15, appointed any other person to perform the duties
of a revising officer, such other person;

'specified form' means a form specified under section 4; (Amended4] of 1985 s. 16)

'Urban Council area' has the meaning assigned to it in the District Boards
Ordinance(Cap. 366). (Added4] of 1985 s. 16)

(2) This Ordinance shall not apply to the election by the members of a District
Board of a representative member under the Regional Council

Ordinance (Cap. 385) or the Urban Council Ordinance (Cap. 101). (Replaced

84 of 1988 s. 15)

(Amended 65 of 1984 s. 17)





3. Declaration of constituencies and

vacancies for members therein

(1) By order published in the Gazette



(a) the Governor in Council may declare any area of a District in the
Urban Council area to be a constituency for the purpose of the
election of persons to act as members of the Urban Council;
(Replaced 41 of 1985 s. 17)

(b)the Governor in Council may declare any area of a District in the
Regional Council area to be a constituency for the purpose of the
election of persons to act as members of the Regional Council;
(Replaced 41 of 1985 s. 17)

(c)the Governor in Council may declare any area of a District to be a
constituency for the purpose of the election of persons to act as
members of the District Board established for that District;
(Replaced 41 of 1985 s. 17)

(d)the Governor may, in respect of any constituency declared under
paragraph (b) or (c), declare the number of vacancies for members
constituency. (Added4] of 1985 s. 17)

(2) Where a declaration under subsection (1)(a), (b) or (c) is made by reference
to a map delineating a bonstituency copies of that map shall be kept and made
available for inspection free of charge during office hours at the office ofthe
registration officer. (Amended4] of 1985 s. 17)

(3) A map certified by the registration officer as a true copy of a map
delineating the area of a constituency under subsection (2) shall be conclusive
evidence of the area of that constituency.

(4) A map purporting to be certified by the registration officer as a true copy of
a map delineating the area of a constituency under subsection (2) shall in any
proceedings before a court be admitted in evidence without further proof, and until
the contrary is proved, shall be presumed to be certified by the registration officer.

4. Forms

Subject to this Ordinance, the registration officer may specify the form of any
application, notice, record, return or other document required for the purposes of
this Ordinance.

5. The Governor may give directions

(1) The Governor may give such directions as he thinks fit, either generally or
in any particular case, with respect to the exercise or performance by any public
officer of any functions, duties or powers under this Ordinance.





(2) A public officer shall, in the exercise or performance of his functions, duties
or powers under this Ordinance, comply with any direction given by the Governor
under subsection (1). (AmendedL.N. 378 of 1989)



PART II

ELECTORAL FRANCHISE

6. Entitlement to vote

(1) A person shall be entitled to vote at an election if, and shall not be so
entitled unless, having regard to section 7, he is registered as an elector in the final
register of electors in force on the date the election.

(2) A person registered as an elector in the final register of electors in force on
the date of an election shall not be excluded from voting at that election on the
ground that, having regard to section 7, his name ought not to be in the final
register; but this subsection shall not prevent the Court from exercising its powers
under section 37 or affect his liability to any penalty for voting.

(Amended 65 of 1984 s. 19)

7. Qualification for registration as an elector

Subject to sections 8, 9, 10 and 11, a person shall be entitled to be registered as
an elector in any register if, and shall not be so entitled unless, either

(a) he is in fact registered as an elector in the existing final register; or

(b)under the provisions of this Ordinance, he applies for inclusion and
is lawfully entitled to be registered as an elector in any such register.

8. Residential qualification

(1) Subject to subsection (2), no person shall be entitled to be registered as an
elector in any register unless he has ordinarily resided in Hong Kong for the 7 years
immediately preceding the date of his application for inclusion in the register.

(2) The requirement in subsection (1) relating to ordinary residence in Hong
Kong for 7 years shall not apply to any person who is a Hong Kong permanent
resident within the meaning of the Immigration Ordinance

(Cap.115). 65 of 1984s. 20. Amended 31 of 1987s. 28)





9. Age qualification

No person shall be entitled to be registered as an elector in any register or,
even if registered, to vote at an election who either has not attained the age of 21
years or will not have attained that age on or before 31 December in the year in
which he applies for inclusion in such register.

(Amended 65 of 1984 s. 21)

10. Possession of identity card

No person shall be entitled to be registered as an elector unless, at the time he
applies for inclusion in a register, he shows to the satisfaction of the registration
officer that he

(a)is in possession of an identity card issued to him under the
Registration of Persons Ordinance (Cap. 177); or

(b) has, under that Ordinance-

(i) applied for a new identity card; or

(ii) requested the alteration of his identity card or the issue of a new
identity card,

in replacement of the identity card previously issued to him,
and furnishes to the registration officer his identity card number.

11. Disqualification from registration

(1) A person shall be disqualified from being registered as an elector or, even if
registered, from voting at an election, if he

(a) has in Hong Kong or any other territory or country been
sentenced to death or imprisonment (by whatever name called)
for a term exceeding 6 months and has not either suffered the
punishment to which he was sentenced or such other punishment
as may by competent t authority have been substituted therefor or
received a free pardon;

(b)is the subject of a decision under the Mental Health Ordinance (Cap.
136) that he is of unsound mind and incapable of managing himself
and his affairs; (Replaced 41 of 1985 s. 18)

(c)is a member of the regular armed forces of the Crown, not being

(i) a locally enlisted member of such forces; or

(ii) a commissioned officer who has previously served as such an
enlisted member;

(d)where the election is to be held or is held within 7 years from the date
of conviction, has been convicted





(i)of a corrupt practice or of an illegal practice within the meaning
of the Corrupt and Illegal Practices Ordinance (Cap. 288), other
than the illegal practice consisting of a contravention of any of
the provisions of section 19(2) of that Ordinance, or of a corrupt
or illegal practice within the meaning of any other enactment for
the time being in force providing for the punishment of corrupt
or illegal practices;

(ii) (Repealed 65 of 1984 s. 22)

(iii)of any ofrence under the Prevention of Bribery Ordinance (Cap.
201); or

(e)on the date he applies for registration or on the date of the election,
is serving a sentence of imprisonment.

(2) A person shall not be disqualified from voting at an election by reason only
of the fact that he is lawfully employed for payment by or on behalf of a candidate
at such election.

(3) Nothing in subsection (1)(b) shall prevent the registration as an elector or, if
registered, the voting at an election of a person to whom subsection (1)(b) applied if
under the Mental Health Ordinance (Cap. 136) it is subsequently found that his
unsoundness of mind has ceased. (Added4] of 1985 s. 18)

12. Elector may only vote in respect

of his own constituency

No elector shall vote at an election except in respect of the constituency of his
residence entered in the final register.

PART 111

REGISTRATION

13. Registration officer and staff

(1) For the purpose of the registration of electors, the Governor may appoint a
registration officer, and any assistant registration officers, as he thinks fit.

(2) Notification of the appointment and the address of the registration officer
shall be published in the Gazette.

(3) The registration officer shall be provided with such staff as may be required
from time to time.

(4) All expenses properly incurred by the registration officer in the performance
of his duties under this Ordinance shall be payable out of the general revenue of
Hong Kong.





14. Compilation of registers

(1) Subject to this Ordinance, the registration officer shall

(a)compile a provisional register before 15 November in each year; and

(b)compile and publish in the prescribed manner a final register before
15 January of the following year. (Amended 65 of 1984 s. 23; 41 of
1985 s. 19)

(2) A final register shall come into force on the date of publication thereof and
shall remain in force until the publication of the next final register.

(3) The registration officer may rectify any clerical or printing error or any
incorrect name, address or other personal particulars appearing in any register.
(Added4] of 1985 s. 19)

15. Revising officer

(1) The Registrar of the Supreme Court shall perform the functions of revising
officer under and in accordance with this Ordinance:

Provided that the Chief Justice may appoint any magistrate or any legal officer
(within the meaning of the Legal Officers Ordinance (Cap. 87) ) to perform the
functions of a revising officer.

(2) While a revising officer is sitting as such he shall have the powers and
protection of a magistrate under sections 21, 22, 99, 125 and 126 of the Magistrates
Ordinance (Cap. 227).

16. Appeals to revising officer

(1) Subject to this Ordinance, an appeal shall lie to the revising officer from any
decision of the registration officer and the decision of the revising officer on any
such appeal shall be final.

(2) The registration officer or an assistant registration officer shall appear
before the revising officer in person in respect of any such appeal.

(3) Any other person concerned in any such appeal may appear before the
revising officer in person and in addition may be represented by his legal adviser.

17. Power to make regulations

The Governor in Council may by regulation provide for

(a) the registration of electors;

(b)the form, compilation, revision and correction, and the manner of
publication, of the registers;

(c) the ascertainment of the qualifications of electors;

(d) the functions of a revising officer;





(e) the conduct of appeals to a revising officer from decisions of the
registration officer;
the designation of polling stations;

(g)generally, the carrying into effect of the provisions and purposes of
this Part.

PART IV

QUALIFICATIONS FOR CANDIDATURE AND ELECTION OF
MEMBERS
AND MATTERS CONNECTED THEREWITH

18. Qualification for nomination as a candidate

(1) Subject to subsection (2), any person, unless disqualified by virtue of this
Ordinance or any other enactment, shall be qualified for nomination as a candidate if
he is entitled to be and is registered as an elector.

(2) No elector shall be qualified for nomination as a candidate or for election
unless he has ordinarily resided in Hong Kong for the 10 years immediately
preceding the date of his nomination.

19. Disqualifications for nomination or election

(1) A person shall be disqualified for being elected or being nominated as a
candidate or holding office as a member if he

(a)holds any public office (other than as a member of an auxiliary force)
or any office of emolument in the gift or disposal of the Urban
Council, or of the Regional Council, or any committee thereof or
having held such office has been dismissed therefrom; (Amended4]
of 1985 s. 20)

(b)has in Hong Kong or any other territory or country been sentenced
to death or imprisonment (by whatever name called) for a term
exceeding 3 months and has not either suffered the punishment to
which he was sentenced or such other punishment as may by
competent authority have been substituted therefor or received a free
pardon;

(c) has been convicted of treason;

(d)is disqualified for being elected or being nominated as a candidate or
holding office as a member under any enactment;

(e)is a member of any parliament, assembly or council, whether central
or local, of any place outside Hong Kong or a salaried functionary of
a government of such place; (Amended4] of 1985 s. 20)





is an undischarged bankrupt or, within the previous 5 years, has
either obtained his discharge in bankruptcy or has entered into a
composition with his creditors, in either case without paying his
creditors in full',

(g)where the election is to be held or is held within 10 years from the
date of conviction, has been convicted

(i) of any ofrence in Hong Kong or any other territory or country
and sentenced to imprisonment, whether suspended or not, for
a term exceeding 3 months without the option of a fine;

(ii) of a corrupt practice or illegal practice within the meaning of the
Corrupt and Illegal Practices Ordinance (Cap. 288), other than
the illegal practice consisting of a contravention of any of the
provisions of section 19(2) of that Ordinance, or of a corrupt or
illegal practice within the meaning of any other enactment for
the time being in force providing for the punishment of corrupt
or illegal practices;

(iii) (Repealed 65 of 1984 s. 24)

(iv) of any offence under the Prevention of Bribery Ordinance (Cap.
201); or

(h)on the date of nomination or of the election is serving a sentence of
imprisonment.

(2) A person shall be disqualified-

(a)from being elected or being nominated as a candidate in an election if
there is in force a decision under the Mental Health Ordinance (Cap.
136) that he is of unsound mind and incapable of managing himself
and his affairs;

(b)from holding office as a member if a decision is made under the
Mental Health Ordinance (Cap. 136) that he is of unsound mind and
incapable of managing himself and his affairs, but a person
disqualified under this paragraph shall be eligible for re-election if
under that Ordinance it is subsequently found that his unsoundness
of mind has ceased. (Added4] of 1985 s. 20)

20. Eligibility for re-election

A person ceasing to be a member shall, unless he is not qualified or is
disqualified, be eligible to be again elected or nominated as a candidate for election
as a member.

21. Any elector may he a candidate,
but for one constituency only

(1) Subject to this Ordinance, any elector shall be qualified to stand as a
candidate for and be elected as a member of the Urban Council, the Regional







Council or a District Board for any constituency. (Amended 65 of 1984 s. 25; 41 of
1985 s. 21)

to stand as a candidate for more than

(2) An elector shall not be qualified to stand as a candidate for more than
one constituency in anyone election. (Replaced 11 of 1988s.2)

(3) subject to subsections (4) and (5) and sections 22 and 22A, an elector shall
not be qualified to be elected for more than one constituency. (Added]] of 1988 s.
2)

(4) In the Urban Council area, an elector may be elected as a member for one
constituency of the Urban Council and for one constituency of a District Board in
the Urban Council area. (Added 11 of 1988s.2)

(5) In the Regional Council area, an elector may be elected as a member for one
constituency of the Regional Council and for one constituency of a District Board
in the Regional Council area. (Added 11 of 1988s.2)

22. Effect of election to second District Board

Any person who, being a member of a District Board, is elected as a member of
another District Board shall not be disqualified from being so elected by section
21(3) and shall be deemed to have resigned his membership of the first-mentioned
District Board with effect from the day immediately preceding the date on which he
commences to hold office as an elected member of the second-mentioned District
Board.

(Replaced 11 of 1988 s. 3)

22A. Effect of election in other Council area

(1) Any person who, being an appointed or elected member of

(a) the Urban Council; or

(b) a District Board in the Urban Council area, is
elected as a member of

(i) the Regional Council; or

(ii) a District Board in the Regional Council area, shall not be disqualified
from being so elected by section 21(3) and shall be deemed to have resigned his
membership referred to in paragraph (a) or (b) or, if applicable, in both paragraphs
with effect from the day immediately preceding the date on which he commences to
hold office as an elected member in a body referred to in either paragraph (i) or (ii).

(2) Any person who, being an appointed or elected member of

(a) the Regional Council; or

(b) a District Board in the Regional Council area, is
elected as a member of

(i) the Urban Council; or

(ii) a District Board in the Urban Council area,





shall not be disqualified from being so elected by section 21(3) and shall be deemed
to have resigned his membership referred to in paragraph (a) or (b) or, if applicable,
in both paragraphs with effect from the day immediately preceding the date on
which he commences to hold office as an elected member in a body referred to in
either paragraph (i) or (ii).

(Replaced 11 of 1988 s. 4)

PART V

ELECTIONS

23. Returning officers and staff

(1) For the purposes of any election the Governor may, for each District
concerned, appoint a returning officer, and any assistant returning officers, as he
thinks fit.

(2) Notification of the appointment of a returning officer and his address shall be
published in the Gazette.

(3) A returning officer shall be provided with such staff as may be required
from time to time.

(4) All expenses properly incurred by a returning officer in the performance of
his duties under this Ordinance shall be payable out of the general revenue of Hong
Kong.

24. Conduct of elections

(1) A returning officer shall, subject to this Ordinance, conduct the
election in the District for which he is appointed.
(2) No by-election to fill a vacancy in the offie of a member shall be
conducted within the 2 months preceding 1 March of any year in which an
ordinary election is to be held, and any such vacancy shall be filled at the
ordinary election held in that month or at a by-election held in lieu of such
ordinary election if such ordinary electin has been countermanded in
accordance with regulations made under section 28.

25. Saving

(1) An election shall not be invalidated by non-compliance with provisions of
any regulations made under this Ordinance or mistake in the use of any specified
forms if it appears to the Court having cognizance of the question that the election
was conducted in accordance with the principles laid down in this Ordinance and
that the non-compliance or mistake did not affect the result of the election.





(2) No misnomer or inaccurate description of any person or place named in any
register, electors' list, nomination paper, ballot paper, voting paper, or notice, shall
affect the full operation of that document with respect to that person or place, in
any case where the description of the person or place is such as to be commonly
understood.

26. Presumption of validity of election

(1) An election, unless questioned by election petition within the period fixed
under section 35 for the presentation of such a petition, shall be deemed to have
been a good and valid election.

(2) An election shall not be liable to be questioned by reason of a defect in the
title, or want of title, of the person presiding at, or conducting, the election, if that
person was then in actual possession of, or acting in, the office giving the right to
preside at. or conduct, the election.

27. Penalties concerning conduct of elections

person appointed to perform the duties of returning officer at, or to take part in
the conduct of, an election who neglects or refuses to conduct the election, or to
declare the result of, or to take part in the conduct of the election, as required by
this Ordinance, commits an offence and is liable to a fine of $5,000:

Provided that a person shall not be liable to conviction under this section,
unless the information has been laid within 3 months from the date of the
commission of the offence.



28. Power to make regulations

The Governor in Council may by regulation provide for the general conduct of
and procedure at elections including

(a)the nomination of candidates therefor including the filing of consent
to such nomination and the withdrawal of any such nomination;

(b)the lodgement of deposits by or on behalf of candidates and the
forfeiture thereof,

(c) the appointment of persons to assist the returning officer in the conduct
of the election;

(d)the appointment by the candidate of certain persons to assist him in
conneclion with the election;

(e) the conduct of polling stations and the regulation of the ballot;

(f) the counting of votes;

(g) the countermanding of elections;





(h) the declaration of the results of elections;

(i)the disposal of ballot papers and other such papers after an election;

(j)generally, the carrying into effect of the provisions and purposes of
this Part.

PART VI

ELECTION PETITIONS

29. Interpretation

In this Part and in any rules made under section 34(3)- means the High Court;
and (Amended 65 of 1984 s. 26) 'Registrar' means the Registrar of the Supreme
Court.

30. Power to question election by petition

(1) An election may be questioned by an election petition on the following
grounds or any of them

(a)that the election was wholly avoided by general bribery, treating,
undue influence, or personation;

(b)that the election was avoided by corrupt practices or by illegal
practices committed at the election;

(c)that the person whose election is questioned was at time of the
election disqualified;

(d) that the person whose election is questioned was not duly elected;

(e)that illegal practices committed in reference to the election of a
candidate thereat, so extensively prevailed that they may be
reasonably supposed to have affected the result of the election; or
on any other ground provided by any enactment whereon an
election may be questioned.

(2) No election may be questioned on any one or more of these grounds except
by an election petition.

(3) In subsection (1), the expressions 'bribery', 'treating', 'undue influence',
'personation', 'corrupt practices' and 'illegal practices' shall be construed by
reference to the Corrupt and Illegal Practices Ordinance (Cap. 288).

31. Who may present petition

An election petition may be presented either by 10 or more electors entitled to
vote at the election, or by a person alleging himself to have been a candidate at the
election.





32. Who may he respondent

(1) Any person whose election is questioned by an election petition and any
returning officer of whose conduct a petition complains, may be made a respondent
to the petition.

(2) 2 or more candidates may be made respondents to the same petition and
their cases may be tried at the same time, but for the purposes of this Part (including
the provision of security for costs) the petition shall be deemed to be a separate
petition against each respondent.

33. Signature and presentation of petition

(1) An election petition shall be signed by the petitioner or by each petitioner if
there is more than one and shall be presented to the Court by leaving the petition,
together with 2 copies thereof, with the Registrar who shall give a receipt therefor, if
required so to do.

(2) The Registrar shall forthwith send 2 certified true copies of the election
petition to the Designated Officer who shall, forthwith upon receipt thereof, cause
one of such copies to be displayed in a conspicuous place on or near the outer door
of his office, or in some conspicuous place on or near the outer door of the Council
Chamber in the case of an election to the Urban Council, of the Regional Council
Chamber in the case of an election to the Regional Council, or of any regular place of
meetings of a District Board in the case of an election to that District Board.
(Amended4] of 1985 s. 23)

34. Jurisdiction of Supreme Court in respect of petition

(1) The Court shall have the same jurisdiction, powers and authority in respect
of an election petition and all proceedings thereon as it would have if such petition
was an ordinary cause within its jurisdiction.

(2) The trial of an election petition shall be held in open court and before one
judge unless the Chief Justice shall otherwise direct.

(3) The Chief Justice may make rules providing for the effectual carrying out of
the provisions of this Part and for the regulation of matters relating to the
preparation, presentation, service, trial, withdrawal and costs of election petitions
(including the provision of security for costs thereon) and the practice and
procedure connected therewith, as well as the certifying and reporting thereon.

35. Time within which petition shall he presented

Subject to the provisions of this section, an election petition shall be
presented





(a)in the case of an election which is not contested, within 2 months
after the publication by the returning officer of the list of persons
elected; and
(b)in the case of a contested election, within 2 months after the
declaration by the returning officer of the result of the election.

36. Security for costs

(1) At the time of presenting an election petition, or within 5 days
thereafter or such other period as the Court may direct, the petitioner shall give
security for all costs, charges and expenses which may become payable by him
to any witness summoned on his behalf or to any respondent.
(2) The security shall be of such amount, not exceeding $20,000, and shall
be given in such manner and form as the Court may direct.
(3) In default of compliance with the provisions of this section no further
proceedings shall be taken on the petition.

37. Determination of Court

(1) At the conclusion of the trial of an election petition the Court shall
determine-
(a)in the case of an election which is not contested and in connection
with which the decision of the returning officer as to the validity
of any nomination is brought to review, whether such decision
was correct or whether the election was void; and
(b)in the case of a contested election, whether the person whose
election is complained of, or any and what other person, was duly
elected, or whether the election was void,
and shall forthwith certify in writing under the hand of a judge and the seal of
the Court the determination of the Court and the determination so certified
shall be final as to the matters at issue on the petition.
(2) A copy of the certificate of the Court shall be transmitted to the Chief
Secretary and also to the Designated Officer.
(3) The Court may of its own motion or at the request of the Governor
make a special report to the Governor as to any matters arising in the course of
the trial of an election petition an account of which ought, in the judgment of
the Court, to be submitted to the Governor.

38. Withdrawal of petition

(1) A petitioner shall not withdraw or abandon or cease to endeavour to
prosecute successfully an election petition without the leave of the Court on
application thereto and on such conditions as to public notice or otherwise as
the Court may think fit.





(2) On the hearing of the application any person who might have been a
petitioner in respect of the election, or the Attorney General, may apply to the
Court to be substituted as a petitioner, and the Court may, if it thinks fit,
substitute him accordingly.
(3) If any application to withdraw or abandon or to cease to prosecute
any election petition is, in the opinion of the Court, induced by any corrupt
bargain or consideration, the Court may by order direct that the security given
on behalf of the original petitioner shall remain as security for any costs that
may be incurred by the substituted petitioner, and that to the extent of the sum
named in the order, the original petitioner (and his sureties, if any) shall be
liable to pay the costs of the substituted petitioner.
(4) Except in the case of the Attorney General, if the Court does not so
direct, then security to the same amount as would be required in the case of a
new petition and subject to the like conditions, shall be given on behalf of the
substituted petitioner before he proceeds with his petition and within such time
as the Court may by the order of substitution limit.
(5) Subject as aforesaid, a substituted petitioner shall, as nearly as may
be, stand in the same position and be subject to the same liabilities as the
original petitioner, and the original petitioner shall furnish such substituted
petitioner with all evidence available to him and relevant to the continued
prosecution of the petition.
(6) If a petition is withdrawn or abandoned or the petitioner ceases to
prosecute the petition, the petitioner shall be liable to pay the costs of the
respondent.
(7) Where there are more petitioners than one, an application to
withdraw or abandon or cease to prosecute a petition shall not be made except
with the consent of all the petitioners.
(8) Any person who contravenes any of the provisions of subsection (1)
or who fails to furnish a substituted petitioner with evidence as required by the
provisions of subsection (5) commits an offence and is liable to a fine of $5,000
and to imprisonment for 6 months.

39. Abatement of petition

(1) An election petition shall be abated by the death of a sole petitioner or
the survivor of several petitioners.
(2) The abatement of a petition shall not affect the liability
of the estate of the petitioner or the liability of any other person to the payment
of costs previously incurred.
(3) On the abatement of a petition the Registrar shall cause a notification
thereof to be published in the Gazette, and within 14 days after the publication
of such notification, any person who might have been a petitioner in respect of





the election may apply to the Court to be substituted as a petitioner, and the Court
may, if it thinks fit, substitute him accordingly.

(4) Security shall be given on behalf of a petitioner so substituted, as in the
case of a new petition.

40. Withdrawal and substitution of respondent

(1) If before the trial of an election petition a respondent other than a returning
officer--

(a)dies, resigns, or otherwise ceases to hold office to which the petition
relates; or

(b)gives to the Registrar notice that he does not intend to oppose the
petition,

the Registrar shall cause a notification thereof to be published in the Gazette, and
within 14 days after the publication of such notification, any person who might have
been a petitioner in respect of the election may apply to the Court to be admitted as
a respondent to oppose the petition, and shall be admitted accordingly.

(2) A respondent who has given notice as aforesaid that he does not intend to
oppose the petition shall not be allowed to appear or act as a party against the
petition in any proceedings thereon.

41. Validation of acts done pending a petition

Where a candidate who has been elected is, by a certificate of the Court,
declared not to have been validly elected, acts done by him in the execution of his
office before the time when the certificate is received by the Designated Officer shall
not be invalidated by reason of that declaration.

42. Elections in place of persons unseated on petition

Where on an election petition the election of any person is determined to be
void and no other person has been declared elected in his place, a by-election shall
be held to fill the vacancy.

PART VII

MISCELLANEOUS

43. Time limit for laying complaint or information

Except as otherwise provided in this Ordinance any complaint or information in
respect of the commission of an offence against this Ordinance shall be laid within 3
years from the date of such commission.





44. Secrecy of vote

No person who has voted at an election shall, in any legal proceeding to
question the election, be required to state for whom he voted.

(Part VII replaced 65 of 1984s. 27)

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