which put in issue whether the candidate declared under section 28 as elected at an election can lawfully assume the office of the Chief Executive shall be made or commenced more than 30 days after the publication of the result of the election under section 28 unless the leave of the Court has been obtained.
(2) The Court may upon application grant the leave to make an application for leave to apply for judicial review or commence proceedings after the expiry of the 30 days referred to in subsection (1) if it is satisfied that—
- (a) the person making the first-mentioned application has used his best endeavours to make the second-mentioned application or commence the proceedings within the 30 days; and
- (b) granting the leave applied for is in the interest of justice.
40. Chief Justice may make rules
The Chief Justice may make rules to provide for—
- (a) the preparation, lodgement, service, trial and withdrawal of election petitions;
- (b) costs in respect of those petitions and provision of security for costs;
- (c) the practice and procedure concerning the trial of those petitions;
- (d) circumstances in which an election petition is regarded as having been withdrawn;
- (e) applications under section 39(2); and
- (f) any other matters for the better carrying out of the objects and purposes of this Part.
PART 7
Miscellaneous
41. Appointment of Returning Officers and assistants
(1) The Electoral Affairs Commission shall appoint—
- (a) a permanent judge or non-permanent judge of the Court of Final Appeal within the meaning of the Hong Kong Court of Final Appeal Ordinance (Cap. 484);
- (b) a Justice of Appeal within the meaning of the High Court Ordinance (Cap. 4); or
- (c) a judge of the Court of First Instance (other than a recorder or a deputy judge of the Court of First Instance),
to be the Returning Officer.
