Application for leave to withdraw election petition
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
(1) An application for leave to withdraw or abandon or cease to prosecute an election petition shall be made by motion to the Court at such time and place as the Court may appoint.
(2) Not less than 7 days before the day so appointed, the petitioner shall-
(a) serve a notice of the intended motion on the respondent, the Secretary for Justice, the Secretary for Constitutional and Mainland Affairs, the Electoral Affairs Commission and the Director of Home Affairs, and file a copy with the Registrar; and (L.N. 130 of 2007)
(b) publish a notice of the intended motion in at least 2 newspapers circulating in Hong Kong, one being published in English and the other one being published in Chinese.
(3) The notice of the intended motion shall state the grounds on which the application is made to withdraw or abandon or cease to prosecute the election petition, and shall contain a statement to the effect that at the hearing of the application any person who could have lodged an election petition in respect of the election or the Secretary for Justice may apply to the Court to be substituted as a petitioner.
(4) The Director of Home Affairs shall, forthwith upon receipt of the notice under subrule (2)(a), cause it to be displayed in the same manner as provided under rule 5(2)(a) in respect of a copy of an election petition.