Page:Chief Executive Election Ordinance (Cap. 569).pdf/24

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CHIEF EXECUTIVE ELECTION ORDINANCE

Ord. No. 21 of 2001

A463


(2) An election petition shall be tried in open court and, unless the Chief Justice otherwise directs, before one judge.

37. Determination of election petition

(1) The Court shall determine—

(a) an election petition questioning an election in which the only candidate or remaining candidate, as the case may be, was declared as elected by ruling that—
(i) the candidate was duly elected; or
(ii) the candidate was not duly elected because his being the only candidate or remaining candidate, as the case may be, was the result of a wrongful determination of the Returning Officer;
(b) an election petition questioning a contested election by ruling that—
(i) the candidate declared as elected at an election was duly elected; or
(ii) the candidate declared as elected at an election was not duly elected.

(2) At the end of the trial of an election petition, the Court shall announce its determination by means of a written judgment.

38. Acts of person not invalid if ruled not to be elected

A—

(a) determination of the Court under section 37(1); or
(b) ruling by the Court or the Court of Final Appeal,

that a person who was originally declared as elected at an election was not duly elected does not invalidate acts purporting to have been done by the person as the Chief Executive before the determination or ruling, as the case may be.

39. Time limit for legal challenges

(1) Notwithstanding any provision in the High Court Ordinance (Cap. 4), no—

(a) application for leave to apply for judicial review under section 21K of that Ordinance; or
(b) other proceedings,