Cap 576B SCHEDULE (VILLAGE REPRESENTATIVE (ELECTION PETITION) RULES; VILLAGE REPRESENTATIVE ELECTION ORDINANCE)

Contents of Section

Chapter:	576B	Title:	VILLAGE REPRESENTATIVE (ELECTION PETITION) RULES	Gazette Number:	L.N. 151 of 2003
Schedule:		Heading:	SCHEDULE	Version Date:	06/06/2003

[section 4]

ELECTION PETITION

IN THE COURT OF FIRST INSTANCE OF
THE HIGH COURT OF HONG KONG

ORIGINAL JURISDICTION

In the Matter of the Village Representative Election Ordinance (Cap 576)

and

In the Matter of an election for (Resident Representative/Indigenous Inhabitant Representative) for (name of Village) *held on (date of election)/which was not contested.
*1. The Election Petition of (name of Petitioner) states-

(a) that the Petitioner was a candidate at the above election;

(or) *1. The Election Petition of (names of 5 or more Petitioners) states-

(a) that the Petitioners are electors who were entitled to vote at the above election;

*(b) in an election which was not contested, that *(name of candidate) was a candidate at the election/(name of each candidate) were candidates at the election, and on (date on which that candidate was declared elected or those candidates were declared elected) the Returning Officer for the above-mentioned Village declared, for the purposes of section 36 of the Ordinance, *that candidate/those candidates to be elected for the above-mentioned Village in a notice published in the Gazette on (date of publication in Gazette of that notice) in accordance with the Electoral Procedure (Village Representative Election) Regulation (Cap 541 sub. leg. L); and

(or) *(b) in a contested election, that a poll was taken on the above day, that (name of each candidate) were candidates at the election, and on (date on which the successful candidate was declared elected or the successful candidates were declared elected) the Returning Officer for the above-mentioned Village declared (name of successful candidate or names of successful candidates) to be elected for the above-mentioned Village in a notice of result of election prepared in accordance with the Electoral Procedure (Village Representative Election) Regulation (Cap 541 sub. leg. L), and that that notice was published in the Gazette on (date of publication in Gazette of notice of result of election) in accordance with the Regulation; and

(c) that (ground under section 39(1) of the Ordinance on which the election is questioned and the facts on which the Petitioner relies or the Petitioners rely).

*2. The Petitioner therefore requests the Court to determine-

(a) whether *the candidate (to be named)/some other candidates (to be named) declared by the Returning Officer for the above-mentioned Village to be elected in the notice *was/were duly elected;

(b) if the Court determines that *that person/those persons *was/were not duly elected, whether *the Petitioner/another candidate (to be named)/some other candidates (to be named) *was/were duly elected in *his/their place; and

(or) *2. The Petitioners therefore request the Court to determine-

(a) whether *the candidate (to be named)/some other candidates (to be named) declared by the Returning Officer for the above-mentioned Village to be elected in the notice *was/were duly elected;

(b) if the Court determines that *that person/those persons *was/were not duly elected, whether *another candidate (to be named)/some other candidates (to be named) *was/were duly elected in *his/their place; and

Dated this ............ day of ....................... 20 ..........

Signed

*Petitioner/Petitioners
(or) *Solicitors

*This Election Petition is lodged by the *Petitioner/Petitioners.

(or) *This Election Petition is lodged by (name of solicitors), Solicitors acting for and on behalf of the *Petitioner/Petitioners.

The address for service is (address to be stated).

It is proposed to serve a copy of this Election Petition on (name of Respondent or names of Respondents) and on the Secretary for Justice.

*Delete whichever is inapplicable.