Election may be questioned only by election petition made on specified grounds
Version Date:
09/02/2012
(1) An election may be questioned only by an election petition on the ground that-
(a) the person declared by the Returning Officer under section 28 as elected was not duly elected because-
(i) he was not eligible to be nominated as a candidate under section 13;
(ii) he was disqualified under section 14 from being nominated as a candidate;
(iii) he should have been disqualified under section 20(1) from being elected but was not so disqualified;
(iv) he engaged in corrupt conduct or illegal conduct at the election;
(v) another person engaged in corrupt conduct or illegal conduct in respect of him at the election in connection with his candidature;
(vi) corrupt conduct or illegal conduct was generally prevalent at the election; or
(vii) material irregularity occurred in relation to-
(A) the election;
(B) the poll at the election; or
(C) the counting of votes in respect of the election; or
(b) the candidate declared by the Returning Officer under section 22(1AB)(c) as not returned at the election is not returned because material irregularity occurred in relation to-
(i) the election;
(ii) the poll at the election; or
(iii) the counting of votes in respect of the election. (Replaced 10 of 2006 s. 15)
(2) In this section- corrupt conduct (舞弊行為) means corrupt conduct within the meaning of Part 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554); election (選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant Returning Officer; illegal conduct (非法行為) means illegal conduct within the meaning of Part 3 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554).