【法规名称】
【法规编号】 82219 什么是编号？
【正 文】
第5页 CAP 161B MEDICAL PRACTITIONERS (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS
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[接上页] (3) Where in the first election, the number of validly nominated candidates who have not withdrawn under section 12 is less than 7, those candidates are elected and the Council shall convene a meeting to determine the respective terms of office of those candidates. The Secretary shall not declare those candidates elected under section 16(2)(a) until the Council has determined their respective terms of office. (4) After the Council has determined the respective terms of office of the elected candidates under subsection (3), the Secretary shall proceed in accordance with section 16(2) and shall specify the terms of office in respect of the remaining vacancies in the notice of result of nominations issued under that section. (Enacted 1996) Cap 161B s 26 Failure to assume office (1) If an elected candidate fails or refuses to assume the office of member of the Council within 3 months from the date of notification in the Gazette of the result of election and where a poll has been conducted in that election, the Council may, instead of declaring the office vacant, by notice in the Gazette, declare the candidate who has obtained the next highest number of votes as compared to those candidates who have been declared elected in that poll to have been elected in the poll. (2) On publication of the notice in the Gazette, the candidate who fails or refuses to assume office is deemed not to have been elected in the poll and the candidate who is declared to have been elected in replacement is deemed to have held office as from the date of the original notification in the Gazette of the result of election until the expiration of the term of the office which the candidate being replaced would have held had he assumed office. (Enacted 1996) Cap 161B s 27 Disposal of documents PART VII DOCUMENTS AND THEIR DISPOSAL (1) The Secretary shall, except where there is an election petition presented under section 30, keep in his custody for a period of 3 months from the date of the closing of the election all ballot papers and relevant documents received by him in relation to that election and arrange for those papers and documents to be destroyed after the expiration of that period. (2) Where there is an election petition, the Secretary shall keep in his custody for a period of 3 months from the date of the determination or the withdrawal of the petition, as the case may be, all ballot papers and relevant documents received by him in relation to that election and arrange for those papers and documents to be destroyed after the expiration of that period. (Enacted 1996) Cap 161B s 28 Prohibition of inspection of ballot paper Except by permission of the Chairman under section 37, no person shall be allowed to inspect any documents in the custody of the Secretary under this Regulation. (Enacted 1996) Cap 161B s 29 Questioning of election by election petition PART VIII ELECTION PETITION (1) An election may only be questioned by a petition in writing presented under section 30 on the ground that the candidate declared to be elected under section 16, 24 or 26 was not duly elected by reason of- (a) his disqualification under section 4(2); or (b) the commission of a corrupt practice or an illegal practice by or in respect of that candidate or the commission of such practice generally at or in respect of that election; or (c) any material irregularity relating to the procedure of counting in respect of that election. (2) For the purpose of this section- "corrupt practice" (舞弊行为) means an act prohibited under Schedule 2; "illegal practice" (非法行为) means an act prohibited under Schedule 3. (Enacted 1996) Cap 161B s 30 Who may present an election petition An election petition may be presented by either 10 electors entitled to vote at the contested election, or by any one of the validly nominated candidate at that election. (Enacted 1996) Cap 161B s 31 Respondent to a petition Where a petition is on the ground set out in section 29(1)(c), the Secretary or, where appropriate, his authorized representative who has supervised the counting in that election, may be made a respondent to the petition. Otherwise the candidate whose election is being questioned by the petition is to be made a respondent to the petition. (Enacted 1996) Cap 161B s 32 Time within which petition may be presented A petition must be presented within 30 days from the date when the relevant candidate is first declared to be elected under section 16, 24 or 26. (Enacted 1996) Cap 161B s 33 Presentation of petition (1) A petition must be in writing, signed by the petitioner, or each petitioner if there is more than 1, and must be presented by serving a copy of the petition on the Chairman. (2) A petition must state- (a) in which of the capacities mentioned in section 30 the petitioner presents the petition; (b) the particular matter or result of the election being questioned; and (c) the grounds on which the petition is based. (3) The petitioner shall, at the same time as he presents the petition, serve a copy of it on the respondent. |
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