【法规名称】
【法规编号】 82219 什么是编号？
【正 文】
第6页 CAP 161B MEDICAL PRACTITIONERS (ELECTORAL PROVISIONS) (PROCEDURE) REGULATIONS
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[接上页] (Enacted 1996) Cap 161B s 34 Fixing date for hearing and dismissal of petition (1) On being served with a petition under section 33, the Chairman shall examine the petition. (2) If- (a) any requirement of section 33 is not complied with in relation to a petition; or (b) the grounds on which the petition is based do not fall within the grounds specified in section 29, the Chairman may dismiss the petition. (3) Unless the Chairman dismisses a petition, the Chairman shall direct the Secretary to fix the date, time and place of the hearing of the petition and the Secretary shall give 14 clear days' notice of the hearing to the petitioner and the respondent. (4) Where more than 1 petition is presented relating to the same election, the Chairman may order those petitions to be consolidated in such manner as he thinks fit in order that they may be heard at the same time or one immediately after the other. (Enacted 1996) Cap 161B s 35 Matters before hearing (1) Before the hearing of a petition, the Chairman may direct the Secretary to review the procedure or result of the election being questioned. (2) If the petitioner or the respondent wishes to submit any written representation relating to a petition for consideration by the Council at the hearing, the petitioner or the respondent, as the case may be, shall send the representation to the Council not less than 7 days before the date fixed for the hearing and shall at the same time serve a copy of the representation on the other party. (Enacted 1996) Cap 161B s 36 Withdrawal of petition At any time before the hearing of a petition, the petitioner may withdraw the petition by notice in writing addressed to the Chairman, and serving a copy of the notice on the respondent. (Enacted 1996) Cap 161B s 37 Hearing of petition (1) For the purpose of hearing a petition, the quorum of the Council is 5, including the Chairman. (2) The petitioner and the respondent may each appear at the hearing of the petition and may be heard in person or by solicitor or counsel. If the petition is presented by more than 1 elector, they may appear at the hearing of the petition by a representative elected among themselves. (3) The petitioner and the respondent, by himself or through solicitor or counsel, is each entitled to make opening statements, to call witnesses, to cross-examine any witnesses called by the other party and to address the Council. (4) On the hearing of a petition complaining that the respondent was not duly elected and claiming the office for some other candidate, the respondent may give evidence to prove that that other candidate was not duly elected in his place, in the same manner as if he had presented a petition questioning the election of that candidate. (5) If the petitioner or the respondent or both of them fail to appear, by himself or through solicitor or counsel, at the hearing, the Council may- (a) adjourn the hearing to a later date; (b) proceed to hear the petition in the absence of the party or parties; or (c) where it is the petitioner who fails to appear, dismiss the petition. (6) If the Council hears a petition in the absence of any party, it shall consider the representation, if any, submitted by that party under section 35(2). (7) A petition is to be heard in private. (8) The Chairman may- (a) extend the time appointed in this Part for doing any thing notwithstanding that the time appointed may have expired; (b) postpone the day or time fixed, or adjourn the hearing of, a petition; (c) at the request of the petitioner or respondent, by notice in writing summon any person to appear before the Council on the hearing of a petition and examine him as a witness either on oath or otherwise; (d) at the hearing of a petition and subject to the giving to the Chairman of at least 7 days' written notice of inspection before the hearing specifying the document or ballot paper to be inspected, permit any person to inspect any document or ballot paper relating to that election which is in the custody of the Secretary. (9) At the hearing of a petition, the Council may admit or reject any evidence adduced, whether oral or documentary, and the provisions of the Evidence Ordinance (Cap 8) relating to the admissibility of evidence do not apply in relation to a petition. (Enacted 1996) Cap 161B s 38 Determination of the Council (1) At the conclusion of the hearing of a petition the Council shall- (a) determine whether the ground or grounds on which the petition is based have been proved and whether any person declared by the Secretary to have been elected in that election was duly elected; (b) where the person is determined to have been not duly elected under paragraph (a), determine whether some other person was duly elected in his place; (c) where appropriate, make any determination in relation to the petition as it thinks necessary. (2) The determination of the Council relating to a petition is final. (3) The Secretary shall, within 28 days of the determination of the Council, notify the petitioner and the respondent in writing of the decision. |
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