### District Councils Ordinance 《區議會條例》

43. Misnomer or inaccuracy not to affect operation of election document
(1) A misnomer or inaccurate description of a person, a person’s identity document or place specified in a document to which this section applies does not limit the full operation of the document with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood.
(2) This section applies to a register, nomination form, ballot paper, notice or other document prepared for the purposes of an election. (Amended 19 of 2023 s. 41)

44. Election to be presumed to be valid
Every election is presumed to be valid until— (Amended 18 of 2011 s. 15)
(a) the Court determines, on the hearing of an election petition, that the election is invalid; or
(b) the Court of Final Appeal determines, on hearing an appeal against the Court’s determination, that the election is invalid.
(Amended 18 of 2011 s. 15)

45. Election not to be questioned only because of defect in the appointment of an electoral officer
An election is not to be questioned only because of a defect in the appointment of a person as an electoral officer if the person was at the relevant time holding office or acting as such an officer at the election.

46. Returning Officer to publish result of election
(1) The Returning Officer for an election to return a member or members for a constituency must publish in the Gazette a notice declaring that the candidate or candidates returned at the election is or are the members duly elected for the constituency. (Amended 19 of 2023 s. 42)
(2) The Returning Officer concerned must ensure that the publication and notice required by this section comply with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).

46A. Candidate declared to be returned is presumed to be duly elected
Subject to section 60(1A), a person declared under section 46 as returned at an election is presumed to be duly elected until he or she is ruled by the Court or the Court of Final Appeal, on the determination of an election petition or appeal, as not duly elected.
(Added 18 of 2011 s. 16)

### District Councils Ordinance 《區議會條例》

47. Offences by electoral officers with respect to conduct of election
(1) Any person holding office as an electoral officer at an election who neglects or refuses to perform the functions or duties of that office in relation to the election commits an offence and is liable on conviction to a fine at level 2.
(2) A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.
(3) A person is not to be liable to conviction under this section unless the complaint or information alleging the offence is laid within 3 months after the date of the alleged commission of the offence.

48. Elector not to be required to disclose how vote was cast
(1) An elector who is asked to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at the election is not required to answer the question.
(2) A person must not, without lawful authority, require, or purport to require, an elector to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at an election.
(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.

### District Councils Ordinance 《區議會條例》

49. Election may be questioned only by election petition made on specified grounds
(1) An election to return a member may be questioned only on the following grounds— (Amended 19 of 2023 s. 43)
(a) the ground that the person declared by the Returning Officer in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) to have been elected as a member at the election was not duly elected because— (Amended 19 of 2023 s. 43)
(i) the person was ineligible to be, or was disqualified from being, a candidate at the election; or
(ii) corrupt or illegal conduct was engaged in by or in respect of that person at or in connection with the election; or (Amended 10 of 2000 s. 47)
(iii) corrupt or illegal conduct was generally prevalent at or in connection with the election; or (Amended 10 of 2000 s. 47)
(iv) material irregularity occurred in relation to the election, or to the polling or counting of votes at the election; or
(b) a ground specified in any other enactment that enables an election to be questioned.
(2) An election to return a member may be questioned only by an election petition lodged under section 50.
(3) In this section—
election (選舉) includes nomination proceedings and the decisions of the Eligibility Review Committee, the Returning Officer or any Assistant Returning Officer. (Replaced 10 of 2000 s. 47)
(Amended 19 of 2023 s. 43)

50. Who may lodge election petition
(1) An election petition may be lodged in respect of an election for a District Committees constituency—
(a) by 3 or more electors entitled to vote in the constituency; or
(b) by a person claiming to have been a candidate in the constituency.
(2) An election petition may be lodged in respect of an election for a District Council geographical constituency—
(a) by 10 or more electors entitled to vote in the constituency; or
(b) by a person claiming to have been a candidate in the constituency.
(Replaced 19 of 2023 s. 44)

### District Councils Ordinance 《區議會條例》

51. Who may be made respondent to election petition
(1) 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 in respect of the election; and
(c) if grounds for the petition relate to a decision of the Eligibility Review Committee—the Eligibility Review Committee.
(2) 2 or more candidates at an election may be made respondents to the same election petition and their cases may be tried at the same time, but for the purposes of this Part, and in relation to any order for giving security for costs, the petition is taken to be a separate election petition against each respondent.
(Replaced 19 of 2023 s. 44)

52. Court to have jurisdiction to determine election petitions
(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 is triable in open court and, unless the Chief Justice otherwise directs, before one judge.
(3) The Chief Justice may make rules providing for giving effect to this Part and for regulating matters relating to the preparation, lodgement, service, trial and withdrawal of election petitions and costs in respect of those petitions (including the giving of security for costs), and the practice and procedure concerning the trial of those petitions.

53. Period within which election petition and appeal must be lodged
(Amended 18 of 2011 s. 17)(1) An election petition questioning an election may be lodged only during the period of 2 months following the date on which the Returning Officer has published the result of the election in the Gazette. (Amended 18 of 2011 s. 17)
(2) Despite section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(c) of that Ordinance must be filed within 14 working days after the date on which the written judgment of the Court to be appealed from is handed down, and the applicant must give the opposite party 3 days’ notice of his or her intended application at any time during the period of 14 working days. (Added 18 of 2011 s. 17)