Contents of Section

Chapter:

569 PDFTitle:Chief Executive Election OrdinanceGazette Number:E.R. 1 of 2012
Section:32Heading:Election may be questioned only by election petition made on specified groundsVersion 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).