### Legislative Council Ordinance 《立法會條例》

68. What happens if election petition is withdrawn
(1) Subject to section 66(3), a petitioner must not withdraw or abandon, or cease to prosecute, an election petition unless the petitioner has obtained the leave of the Court. (Amended 48 of 1999 s. 40)
(2) At the hearing of an application for leave referred to in subsection (1)—
(a) any person who could have lodged an election petition in respect of the election concerned, or the Secretary for Justice, may apply to the Court to be substituted as petitioner; and
(b) the Court may, if it thinks appropriate, accordingly substitute that person or the Secretary for Justice.
(3) If an application to withdraw or abandon, or to cease to prosecute, an election petition is, in the opinion of the Court, induced by a corrupt bargain or the offer or giving of corrupt consideration, the Court may direct that the security given by or on behalf of the original petitioner is to remain as security for any costs that are incurred by the substituted petitioner. To the extent of such sum as the Court may direct, the original petitioner (and that original petitioner’s sureties, if any) is to be liable to pay the costs of the substituted petitioner. (Amended 48 of 1999 s. 40)
(4) If the Court does not so direct, then before the substituted petitioner may proceed with the substituted election petition, security of the same amount as would be required to be given under section 66 in the case of an original petition must be given by or on behalf of that petitioner in the same manner and form, and within such period, as the Court directs. This subsection does not apply to the Secretary for Justice.
(5) Subject to subsections (3) and (4), a substituted petitioner stands in the same position as the original petitioner.
(6) If a petitioner is substituted for the original petitioner, the original petitioner must provide the substituted petitioner with all evidence available to the original petitioner and relevant to the continued prosecution of the election petition.
(7) The petitioner is liable to pay the costs of the respondent if—
(a) the election petition is withdrawn or abandoned; or
(aa) the election petition is taken to have been withdrawn under section 66(3); or (Added 48 of 1999 s. 40)
(b) the petitioner ceases to prosecute the petition.
(8) If there are 2 or more petitioners, an application to withdraw or abandon, or to cease to prosecute, the election petition can be made only with the consent of all the petitioners.
(9) Any person who—
(a) contravenes subsection (1); or
(b) without reasonable excuse, fails to comply with subsection (6),

commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

### Legislative Council Ordinance 《立法會條例》

69. When an election petition is terminated
(1) If an election petition is lodged by a natural person, the petition is terminated by the person’s death.
(2) If an election petition is lodged by 2 or more petitioners, the petition is terminated if the last remaining petitioner—
(a) (where that petitioner is a natural person) dies; or
(b) (where that petitioner is a body) ceases to exist.
(3) The termination of an election petition under this section does not affect the liability of the estate of the deceased petitioner, or the liability of any other person, for the payment of costs previously incurred.
(4) On the termination of an election petition under this section, the Registrar of the High Court must publish in the Gazette a notice of the termination. Within 14 days after the publication of the notice, any person who could have lodged a petition in respect of the election concerned may apply to the Court in writing to be substituted as a petitioner. On receiving such an application, the Court may, if it thinks appropriate, substitute the applicant for the original petitioner.
(5) The same security must be given by or on behalf of the substituted petitioner as would be required to be given by or on behalf of the original petitioner.

70. When respondent can withdraw from election proceedings and be substituted
(1) If, before the trial of an election petition, a respondent other than a Returning Officer—
(a) dies, resigns or otherwise ceases to hold the office to which the petition relates; or
(b) gives the Registrar of the High Court notice that the respondent does not intend to oppose the petition,

that Registrar must publish in the Gazette a notice of that fact.
(2) Within 14 days after the publication of such a notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a respondent to oppose the election petition. On receiving such an application, the Court must order the applicant to be substituted as respondent to the petition.
(3) A respondent who has given notice under subsection (1)(b) cannot appear or participate in the proceedings on the election petition in opposition to that petition.

70A. Court’s determination of election petition suspended before deadline of appeal
The effect of the determination of the Court of an election petition is suspended until the expiry of the period within which notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal against the determination may be filed under section 65(2).
(Added 18 of 2011 s. 10)

### Legislative Council Ordinance 《立法會條例》

70B. Court of Final Appeal’s determination
At the end of the hearing of an appeal against the determination of the Court of an election petition, the Court of Final Appeal must—
(a) determine—
(i) if the election petition relates to an election that was not contested—
(A) whether the decision of the Candidate Eligibility Review Committee as to the validity of the relevant nomination was correct; and (Amended 14 of 2021 s. 339)
(B) if the decision was not correct, whether the person declared to have been elected in that election was or was not duly elected;
(ii) if the election petition relates to an election that was contested—
(A) whether the person whose election is questioned was or was not duly elected; and
(B) if the person was not duly elected, whether some other person was duly elected in place of the person; and
(b) announce its determination by means of a written judgment.
(Added 18 of 2011 s. 10)

71. Acts of person not invalid if determined not duly elected
If the Court or the Court of Final Appeal determines that a person who was originally declared to have been duly elected as a Member was not duly elected as a Member, the determination does not invalidate acts purporting to have been done by the person as a Member before the date on which the written judgment of the Court or the Court of Final Appeal, as the case may be, is handed down.
(Replaced 18 of 2011 s. 11)