Page:Chief Executive Election Ordinance (Cap. 569).pdf/22

CHIEF EXECUTIVE ELECTION ORDINANCE PART 6 32. Election may be questioned only by election petition made on specified grounds

(1) An election may be questioned only by an election petition on the ground that the person declared by the Returning Officer under section 28 as elected was not duly elected because—
 * (a) he was not eligible to be nominated as a candidate under section 13;
 * (b) he was disqualified under section 14 from being nominated as a candidate;
 * (c) he should have been disqualified under section 20(1) from being elected but was not so disqualified;
 * (d) he engaged in corrupt conduct or illegal conduct at the election;
 * (e) another person engaged in corrupt conduct or illegal conduct in respect of him at the election in connection with his candidature;
 * (f) corrupt conduct or illegal conduct was generally prevalent at the election; or
 * (g) material irregularity occurred in relation to—
 * (i) the election;
 * (ii) the poll at the election; or
 * (iii) the counting of votes in respect of the election.

(2) In this section—

“corrupt conduct” (舞弊行為) means corrupt conduct within the meaning of Part 2 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);

“election” (選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant Returning Officer;

“illegal conduct” (非法行為) means illegal conduct within the meaning of Part 3 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).

33. Who may lodge election petition

(1) An election petition—
 * (a) may be lodged by any candidate in the election; or
 * (b) may be lodged by—
 * (i) a person who was determined under section 17 to be not validly nominated;
 * (ii) a person the nomination of whom was not accepted by the Returning Officer; or