Page:Chief Executive Election Ordinance (Cap. 569).pdf/23

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Ord. No. 21 of 2001


(iii) a person who was disqualified under section 20(1) from being elected,
provided that the election petition is, subject to subsection (4), subscribed to by not less than 10 members of the Election Committee in the manner specified in subsection (2).

(2) An election petition shall set out the names and addresses of and be signed by the members of the Election Committee subscribing to it.

(3) A subscription by a member of the Election Committee to an election petition shall not be withdrawn or revoked by the member.

(4) If a member of the Election Committee is disqualified—

(a) under section 16(5) from making nomination at an election; or
(b) under section 26 from voting at the poll at an election,

he shall be disqualified from subscribing to an election petition questioning the election.

34. Period within which election petition and appeal must be lodged

(1) An election petition questioning an election must be lodged within 7 working days after the day on which the result of the election is declared under section 28.

(2) Notwithstanding section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), a notice of a motion for the purposes of an application for leave to appeal to the Court of Final Appeal under section 22(1)(c) of that Ordinance shall be filed within 7 working days after the day on which the relevant judgment of the Court is handed down, and the applicant shall give the opposite party 3 days notice of his intended application at any time during the period of 7 working days.

35. Respondent to election petition


(a) person whose election is questioned by an election petition; and
(b) Returning Officer,

may be made a respondent to the petition.

36. Court to have jurisdiction to determine election petition

(1) The Court has the same jurisdiction and the same functions in respect of an election petition as it has in respect of an ordinary cause of action within its jurisdiction.