### respondent in the petition 《選舉程序(鄉郊代表選舉)規例》

14. Evidence required for withdrawal of election petition
(1) The application for leave to withdraw an election petition shall be accompanied by affidavits—
(a) by all parties to the election petition and their solicitors (if any); and
(b) by the election agents (if any) of all the parties who were candidates at the election.
(2) The Court may dispense with the affidavit of any particular person if it appears to the Court to be just to do so.
(3) Each affidavit shall state that, to the best of the knowledge and belief of the deponent—
(a) no agreement of any kind whatsoever has been made; and
(b) no undertaking has been entered into,

with respect to withdrawing the election petition.
(4) Notwithstanding subsection (3), if an agreement has been made with respect to withdrawing the election petition, the affidavit shall—
(a) set forth that agreement; and
(b) make the statement referred to in subsection (3) subject to the facts deposed under paragraph (a).
(5) The affidavits of the applicant and his solicitor (if any) shall further state the grounds on which the election petition is sought to be withdrawn.
(6) Copies of the affidavits shall be served on the Secretary for Justice at least 7 days before the day appointed for hearing the application for leave to withdraw the election petition.
(7) At the hearing of the application, the Court may—
(a) hear the Secretary for Justice or his representative in opposition to the application; and
(b) receive the evidence on oath of any person whose evidence the Secretary for Justice or his representative may consider material.
(8) Where more than one solicitor acts for the petitioner or respondent, whether as agent for another solicitor or otherwise, the affidavit shall be made by all such solicitors.

15. Application to stay or dismiss election petition
(1) A respondent may apply to the Court to stay or dismiss an election petition before the day fixed for the trial of that election petition.
(2) An application under subsection (1) shall be made by way of motion, notice of which shall be filed with the Registrar.
(3) The notice of motion shall state the grounds for the application.
(4) The Registrar shall, upon the filing of the motion, appoint a date, time and place for hearing the motion.
(5) At least 7 days before the day appointed for hearing the motion, the respondent shall serve a copy of the notice of motion on—
(a) the petitioner;
(b) any other respondent;
(c) the Secretary for Justice;
(d) the Electoral Affairs Commission;
(e) the Secretary; and
(f) the Director.
(6) The Court may, upon an application under subsection (1), stay or dismiss (as the case may be) an election petition.

### respondent in the petition 《選舉程序(鄉郊代表選舉)規例》

16. Notice of termination of election petition
(1) If an election petition is lodged by one petitioner and the election petition is terminated by the death of that petitioner—
(a) the solicitor acting for him in the proceedings at the date of his death; or
(b) if no solicitor acts for him, any respondent learning of his death,

shall file a notice to that effect with the Registrar.
(2) If an election petition is lodged by 2 or more petitioners and the election petition is terminated by the death of the last remaining petitioner—
(a) the solicitor acting for that petitioner in the proceedings at the date of his death; or
(b) if no solicitor acts for that petitioner, any respondent learning of his death,

shall file a notice to that effect with the Registrar.

17. Notice of death, etc. of respondent
On the happening of an event mentioned in section 48(1)(a) of the Ordinance—
(a) the respondent concerned;
(b) in the case of the death of a respondent, the solicitor acting for him in the proceedings at the date of his death; or
(c) if no solicitor acts for the respondent, any petitioner learning of his death,
shall file a notice to that effect with the Registrar.

18. Filing copy particulars
A party giving particulars in accordance with an order or otherwise shall file a copy within 24 hours after delivering the particulars to the party requiring them.

19. Notice of respondent’s solicitor and service of notices
(1) A solicitor appointed to act for a respondent in proceedings relating to an election petition shall give notice of his appointment to—
(a) the petitioner;
(b) the Secretary for Justice;
(c) the Electoral Affairs Commission;
(d) the Secretary; and
(e) the Director,

and file a copy of the notice with the Registrar.
(2) Subject to section 6(3), any notice required to be served on a respondent to an election petition may be served—
(a) by delivering or sending it by post to the solicitor acting for the respondent; or
(b) if no solicitor acts for the respondent—
(i) by delivering it to the respondent;
(ii) by leaving it at, or sending it by post or by recorded delivery or by a registered letter to, his last known address in Hong Kong; or
(iii) if the proceedings are before the Court, in such manner as the Court may direct.
(3) Subject to section 6(3), any notice required to be served under these Rules on—
(a) the Secretary for Justice;
(b) the Electoral Affairs Commission;
(c) the Secretary; or
(d) he Director,

may be served by delivering or sending it by post to the person required to be served.

### respondent in the petition 《選舉程序(鄉郊代表選舉)規例》

20. Witnesses’ expenses
The reasonable expenses incurred by a person who gives evidence at the trial of an election petition, equal to such sum of money as would be allowed to such person under section 52 of the High Court Ordinance (Cap. 4) if he were a witness in any civil proceedings—
(a) may be allowed to him by a certificate of the Court or of the Registrar; and
(b) shall be deemed to be costs of the election petition.

21. Costs of election petition
(1) All costs of, or incidental to, the lodgement of and the proceedings for an election petition shall be borne by the parties to the election petition in such manner and in such proportion as the Court may determine.
(2) Without limiting subsection (1), if it appears to the Court that—
(a) any costs have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petitioner or of the respondent; or
(b) any needless expenses have been incurred or caused on the part either of the petitioner or of the respondent,

the Court may order such costs or expenses to be borne by the parties by whom those costs or expenses have been incurred or caused whether or not those parties are on the whole successful in the proceedings for the election petition.
(3) If it appears to the Court that—
(a) corrupt conduct has not been proved to have been engaged in, in relation to the election, by or with the knowledge and consent of the respondent to the election petition;
(b) the respondent has taken all reasonable steps to prevent corrupt conduct being engaged in on his behalf; and
(c) another person or persons have been proved to have been extensively engaged in corrupt conduct, or to have encouraged or promoted extensive corrupt conduct in relation to the election, whether by providing money or otherwise,

the Court may make an order under subsection (4).
(4) The Court may order—
(a) the whole or part of the costs to be paid by the person or persons referred to in subsection (3)(c) or any one of those persons; or
(b) if the Court is satisfied that the costs cannot be, or are unlikely to be, recovered from one or more of those persons that they shall be borne by any other person out of those persons or by the petitioner or the respondent.
(5) Before making an order under subsection (4), the Court shall give that person or those persons an opportunity to show cause why such an order should not be made.