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

7. Manner of application for directions in chambers
(1) The petitioner shall—
(a) at the time of lodging the election petition;
(b) within 2 days after lodging the election petition; or
(c) within such other period as the Court may direct,

apply to the Court for directions under section 44(2) of the Ordinance.
(2) The petitioner may, subject to section 44(2) of the Ordinance, specify in the application the amount of security that he proposes to give in respect of the election petition.
(3) Subject to subsection (5), the application under subsection (1) shall be made by summons to a judge in chambers.
(4) The return day of an application under subsection (1) shall be—
(a) not later than 5 days after lodging the election petition; or
(b) within the period directed by the Court for giving security for all costs under section 44(1) of the Ordinance.
(5) Where the petitioner proposes to give the maximum amount of security that may be directed under section 44(2) of the Ordinance, he may, by ex parte summons, apply for directions that the security be given in that maximum amount and by the deposit of money.
(6) Where the petitioner makes an application under subsection (5), the Registrar shall, by endorsement on the summons, order the petitioner to appear—
(a) on a date, which shall be not later than 5 days after the lodgement of the election petition; and
(b) at a time and a place,

directed by the Registrar.

8. Affidavit of proposed surety to be filed and served on respondent
(1) If the petitioner proposes to give security wholly or partly by a recognizance entered into by a surety or sureties, the petitioner shall, together with the application referred to in section 7(1), file an affidavit sworn by the proposed surety or each proposed surety.
(2) The affidavit of a surety shall—
(a) specify the sum in which it is proposed the surety should be bound by a recognizance; and
(b) state that after payment of all his debts the value of all his assets is not less than that specified sum.
(3) The petitioner shall, immediately upon the affidavit being filed, serve on the respondent the summons issued under section 7(3), together with a copy of the affidavit.

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

9. Grounds of objection to recognizance
(1) The respondent may, at the hearing of the summons issued under section 7(3), object to any recognizance on the grounds that—
(a) the amount of any security is insufficient;
(b) a proposed surety is dead;
(c) a proposed surety cannot be found; or
(d) a proposed surety cannot be ascertained for want of a sufficient description in the notice served under section 6 or in the copy of the affidavit served under section 8(3).
(2) At any time during the trial of an election petition, the Court may—
(a) increase the amount of security directed on an application under section 7(1), subject to the maximum amount specified in section 44(2) of the Ordinance; and
(b) give directions as to the manner and form of giving the increased security.

10. Date, time and place for trial of election petition
(1) The petitioner shall, within 28 days of giving security, apply by summons to a judge in chambers for a date, time and place to be fixed for the trial of the election petition.
(2) If the petitioner fails to make an application under subsection (1) within the period specified, any respondent may, within 7 days of the expiry of that period, apply by summons to a judge in chambers for a date, time and place to be fixed for the trial of the election petition.
(3) If no application is made under subsection (1) or (2), the Registrar shall refer the matter to a judge, who shall fix a date, time and place for the trial.
(4) At least 7 days before the day fixed for the trial, the Registrar shall display a notice of the date, time and place of the trial in a conspicuous place in the High Court Building, and send a copy of that notice to—
(a) the petitioner;
(b) the respondent;
(c) the Secretary for Justice;
(d) the Electoral Affairs Commission;
(e) the Secretary; and
(f) the Director.
(5) The Director shall, upon receiving the notice under subsection (4), display it in the same manner in which a copy of an election petition is required to be displayed under section 5(4).

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

11. Trial of election petition
(1) The trial of an election petition shall be proceeded with even if the respondent ceases to hold the office his election to which is questioned by the election petition.
(2) If more than one election petition is lodged in respect of the same election, the Court may, upon its own motion or application by a party to any of the election petitions, order the election petitions—
(a) to be consolidated on such terms as it thinks fit; or
(b) to be tried at the same time or one immediately after another.
(3) On the trial of an election petition, unless the Court otherwise directs, any charge of corrupt or illegal conduct may be inquired into, and evidence relating to such a charge may be received, before any proof of agency on behalf of any candidate at the election in respect of the corrupt or illegal conduct has been received by the Court.
(4) Subject to section 12(4)(a), if the ground or one of the grounds for lodging an election petition is that the elected person was not duly elected and it is claimed that another person was duly elected in his place, at the trial of the election petition, the respondent may give evidence to prove that the other person was not duly elected, in the same manner as if he had lodged an election petition questioning the election of that other person.

12. List of objections in recriminatory case
(1) If the ground or one of the grounds for lodging an election petition is that a person (elected person

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

13. Application for leave to withdraw election petition
(1) The petitioner, or, if there is more than one petitioner, the petitioners jointly, may apply to the Court for leave to withdraw the 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 Registrar shall, upon the filing of the motion, appoint a date, time and place for hearing the motion.
(4) At least 7 days before the day appointed for hearing the motion, the petitioner shall—
(a) serve a copy of the notice of motion on—
(i) the respondent;
(ii) the Secretary for Justice;
(iii) the Electoral Affairs Commission;
(iv) the Secretary; and
(v) the Director; and
(b) publish the notice of motion in at least one Chinese language daily newspaper and one English language daily newspaper circulating in Hong Kong.
(5) The notice of motion shall—
(a) state the grounds on which the application to withdraw the election petition is made; and
(b) contain a statement to the effect that at the hearing of the application—
(i) any person who could have lodged an election petition in respect of the election; or
(ii) the Secretary for Justice,

may apply to the Court to be substituted as a petitioner.
(6) The Director shall, upon receiving the notice under subsection (4)(a), display it in the same manner in which a copy of an election petition is required to be displayed under section 5(4).
(7) In this section and section 14, any reference to withdrawing an election petition includes a reference to abandoning or ceasing to prosecute an election petition.