### Chief Executive Election Ordinance 《行政長官選舉條例》

35. Respondent to election petition
The following persons may be made a respondent to an election petition—
(a) a person whose election is questioned by the petition;
(b) the Returning Officer; and
(c) if grounds for the petition relate to a decision of the Candidate Eligibility Review Committee—the Candidate Eligibility Review Committee.
(Replaced 14 of 2021 s. 402)

36. Court to have jurisdiction to determine election petition
(1) The Court has the same jurisdiction and the same functions in respect of an election petition as it has in respect of an ordinary cause of action within its jurisdiction.
(2) An election petition shall be tried in open court and, unless the Chief Justice otherwise directs, before one judge.

37. Determination of election petition
(1) The Court shall determine—
(a) an election petition questioning an election to which section 26A applies in which the Returning Officer declared under section 22(1AB) that no candidate was returned at the election by ruling that—
(i) the only candidate nominated at the election is duly elected; or
(ii) no candidate is returned at the election;
(b) an election petition questioning an election at which a candidate was declared as elected by ruling that—
(i) the candidate is duly elected; or
(ii) the candidate is not duly elected. (Replaced 10 of 2006 s. 17)
(2) At the end of the trial of an election petition, the Court shall announce its determination by means of a written judgment.

38. Acts of person not invalid if ruled not to be elected
A—
(a) determination of the Court under section 37(1); or
(b) ruling by the Court or the Court of Final Appeal,
that a person who was originally declared as elected at an election was not duly elected does not invalidate acts purporting to have been done by the person as the Chief Executive before the determination or ruling, as the case may be.

### Chief Executive Election Ordinance 《行政長官選舉條例》

39. Time limit for legal challenges
(1) Notwithstanding any provision in the High Court Ordinance (Cap. 4), no—
(a) application for leave to apply for judicial review under section 21K of that Ordinance; or
(b) other proceedings,

which put in issue— (Amended 10 of 2006 s. 18)
(c) whether a candidate is duly determined to be not returned at an election under section 26A(4); or
(d) 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 declaration under section 22(1AB)(d) or the publication of the result of the election under section 28 unless the leave of the Court has been obtained. (Amended 10 of 2006 s. 18)
(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.

### Chief Executive Election Ordinance 《行政長官選舉條例》

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.
(2) The Returning Officer has such functions as are conferred or imposed on him by or under this Ordinance.
(3) The Electoral Affairs Commission shall appoint such number of Assistant Returning Officers as appears to the Commission to be necessary to enable an election to be held smoothly.
(4) An Assistant Returning Officer may, with the authority of the Returning Officer, perform the functions of the Returning Officer.
(5) An appointment under subsection (1) or (3) shall be published in the Gazette.
(6) Expenses properly incurred by—
(a) the Returning Officer in the performance of the Officer’s functions under this Ordinance; or
(b) the Candidate Eligibility Review Committee in the performance of its functions under this Ordinance,
are to be a charge on and payable from the general revenue. (Replaced 14 of 2021 s. 403)

42. Offence to obstruct or hinder electoral officers or Candidate Eligibility Review Committee
A person who, without reasonable excuse, obstructs or hinders, or interferes with, an electoral officer or the Candidate Eligibility Review Committee in the performance of a function conferred or imposed on the officer or the Committee respectively by or under this Ordinance commits an offence and is liable on conviction to a fine at level 5.
(Replaced 14 of 2021 s. 404)

43. Electoral Affairs Commission may give direction to electoral officers
(1) The Electoral Affairs Commission may give any direction, either generally or in any particular case, with respect to the performance by an electoral officer of any of his functions under this Ordinance with respect to the holding or conduct of—
(a) an election;
(b) the nomination and election of a person or persons to be a member or members of the Election Committee under Parts 3 and 4 of the Schedule; or
(c) a subsector election.
(2) A direction given under subsection (1) has no effect to the extent that it is inconsistent with this Ordinance or the Electoral Affairs Commission Ordinance (Cap. 541).
(3) An electoral officer shall, when performing a function under this Ordinance, comply with any direction given under subsection (1) with respect to the performance of the function.