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If the overall approach to commencement of proceedings is relaxed in the manner
recommended, consideration may have to be given to the possibility of adding other
specialised proceedings, governed by their own procedural rules and requirements, to
the O 1 r 2(2) list.
Election petitions lodged under various electoral laws to question the validity of an
election may need special treatment. At present, such petitions are prescribed as the
only means of mounting such a challenge,
but the electoral laws go on to provide
that the procedures adopted for the conduct of such petitions should approximate as
closely as possible to High Court procedures.
It may therefore be confusing,
although perhaps strictly accurate, to provide that the RHC should not apply to them
by adding election petitions to the O 1 r 2(2) list. It would be preferable for O 1 r 2(2)
to be amended so as to acknowledge the preservation of such petitions and the manner
in which they adopt RHC procedures by analogy.
Notes
See, eg, Legislative Council (Election Petition) Rules (Cap 542) r 2 and District Councils (Election
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