Elections (Corrupt and Illegal Conduct) Ordinance

by Legislative Council of Hong Kong

Layout 2

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE

CONTENTS

Section

Page

PART 1 Preliminary Provisions
1.	Short title and commencement ............................................................................................................................................................................................................................................................................................................	A197
2.	Interpretation ............................................................................................................................................................................................................................................................................................................	A197
3.	Objects of this Ordinance ............................................................................................................................................................................................................................................................................................................	A209
4.	What elections does this Ordinance apply to? ............................................................................................................................................................................................................................................................................................................	A209
5.	What conduct does this Ordinance apply to? ............................................................................................................................................................................................................................................................................................................	A211
PART 2 Corrupt Conduct
6.	What penalties can be imposed for corrupt conduct at elections? ............................................................................................................................................................................................................................................................................................................	A211
7.	Corrupt conduct to bribe candidates or prospective candidates ............................................................................................................................................................................................................................................................................................................	A211
8.	Corrupt conduct to use or threaten to use force or duress against candidates or prospective candidates ............................................................................................................................................................................................................................................................................................................	A217
9.	Corrupt conduct to engage in certain deceptive behaviour in relation to candidates and prospective candidates ............................................................................................................................................................................................................................................................................................................	A217
10.	Corrupt conduct to deface or destroy nomination papers ............................................................................................................................................................................................................................................................................................................	A219
11.	Corrupt conduct to bribe electors and others at elections ............................................................................................................................................................................................................................................................................................................	A219
12.	Corrupt conduct to provide others with refreshments and entertainment at election ............................................................................................................................................................................................................................................................................................................	A223
13.	Corrupt conduct to use or threaten to use force or duress against electors ............................................................................................................................................................................................................................................................................................................	A225
14.	Corrupt conduct to engage in certain deceptive behaviour in relation to electors ............................................................................................................................................................................................................................................................................................................	A225
15.	Corrupt conduct to impersonate another at election ............................................................................................................................................................................................................................................................................................................	A227
16.	Corrupt conduct with respect to voting at elections ............................................................................................................................................................................................................................................................................................................	A227
17.	Corrupt conduct to destroy or deface ballot papers ............................................................................................................................................................................................................................................................................................................	A229
18.	Corrupt conduct to make improper use of election donations ............................................................................................................................................................................................................................................................................................................	A231
19.	How candidate must dispose of certain election donations? ............................................................................................................................................................................................................................................................................................................	A231
20.	Corrupt conduct to lodge false or misleading election return ............................................................................................................................................................................................................................................................................................................	A233
21.	Corrupt conduct to withdraw election petition or election appeal for a bribe ............................................................................................................................................................................................................................................................................................................	A233
PART 3 Illegal Conduct
22.	What penalties can be imposed for illegal conduct at elections? ............................................................................................................................................................................................................................................................................................................	A235
23.	Illegal conduct for persons other than candidates and election expense agents to incur election expenses ............................................................................................................................................................................................................................................................................................................	A237
24.	Illegal conduct for candidate to incur election expenses exceeding prescribed amount ............................................................................................................................................................................................................................................................................................................	A239
25.	Illegal conduct to publish false statement that a person is or is not a candidate ............................................................................................................................................................................................................................................................................................................	A239
26.	Illegal conduct to publish false or misleading statements about a candidate ............................................................................................................................................................................................................................................................................................................	A241
27.	Illegal conduct to publish election advertisement that includes false claim of support ............................................................................................................................................................................................................................................................................................................	A241
28.	Court empowered to restrain person from repeating certain illegal conduct ............................................................................................................................................................................................................................................................................................................	A243
PART 4 Court Proceedings Relating to Corrupt and Illegal Conduct
29.	Interpretation: Part 4 ............................................................................................................................................................................................................................................................................................................	A247
30.	Court to declare candidate to be elected in certain circumstances despite corrupt or illegal conduct by agents ............................................................................................................................................................................................................................................................................................................	A247
31.	Court may make orders relieving candidates from consequences of certain illegal conduct ............................................................................................................................................................................................................................................................................................................	A249
32.	Witness who is party to corrupt or illegal conduct not to be regarded as accomplice ............................................................................................................................................................................................................................................................................................................	A249
PART 5 Electoral Advertising
33.	Interpretation: Part 5 ............................................................................................................................................................................................................................................................................................................	A249
34.	Offence to publish election advertisements that do not meet certain requirements ............................................................................................................................................................................................................................................................................................................	A251
35.	Court may grant relief in certain circumstances if election advertisements do not meet requirements ............................................................................................................................................................................................................................................................................................................	A253
PART 6 Election Returns
36.	Interpretation: Part 6 ............................................................................................................................................................................................................................................................................................................	A255
37.	Candidate to lodge election return with appropriate authority ............................................................................................................................................................................................................................................................................................................	A255
38.	Offence to fail to lodge election return ............................................................................................................................................................................................................................................................................................................	A257
39.	Offence to act in office or participate in affairs of body if no election return is lodged ............................................................................................................................................................................................................................................................................................................	A259
40.	Court may grant relief to candidate in certain circumstances ............................................................................................................................................................................................................................................................................................................	A259
41.	Appropriate authority to keep election returns ............................................................................................................................................................................................................................................................................................................	A263
PART 7 Miscellaneous Provisions
42.	Officers liable to be found guilty of offences committed by corporation ............................................................................................................................................................................................................................................................................................................	A263
43.	Attempts to be treated as complete offences ............................................................................................................................................................................................................................................................................................................	A265
44.	Rights of creditors not affected by contravention of this Ordinance ............................................................................................................................................................................................................................................................................................................	A265
45.	Chief Executive in Council may make regulations ............................................................................................................................................................................................................................................................................................................	A265
46.	Repeal of Corrupt and Illegal Practices Ordinance ............................................................................................................................................................................................................................................................................................................	A265
47.	Consequential amendments to other Ordinances ............................................................................................................................................................................................................................................................................................................	A265
48.	Transitional provision ............................................................................................................................................................................................................................................................................................................	A267
49.	Saving provision ............................................................................................................................................................................................................................................................................................................	A267

Schedule

Consequential amendments to other Ordinances ............................................................................................................................................................................................................................................................................................................

A267

HONG KONG SPECIAL ADMINISTRATIVE REGION

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Ordiance No. 10 of 2000

An Ordinance to prohibit corrupt conduct and illegal conduct at elections; to regulate electoral advertising; to impose requirements with respect to the receipt of donations and the expenditure of money at or in connection with elections, and to provide for related matters.

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Enacted by the Legislative Council.

PART 1
Preliminary Provisions

1. Short title and commencement

(1) This Ordinance may be cited as the Elections (Corrupt and Illegal Conducts Ordinance.

(2) This Ordinance shall come into operation on a date to be appointed by the Secretary for Constitutional Affairs by notice published in the Gazette.

2. Interpretation

In this Ordinance, unless the context otherwise requires—

"advantage" (利益) means—

(a) any valuable consideration, gift or loan; or

(b) any office, employment or contract; or

(c) the full or partial payment, release, discharge or liquidation of an obligation; or

(d) the exercise of or forbearance from exercising a right or power;

(e) the performance of or forbearance from performing a duty; or

(f) any favour, including—

(i) giving protection from a liability incurred or anticipated; and

(ii) giving protection from proceedings or possible proceedings of a disciplinary, civil or criminal nature; or

(g) any other service (other than voluntary service or the provision of entertainment),

but does not include an election donation if particulars of the donation are given in an election return that has been lodged with the appropriate authority;

"appropriate authority" (有關主管當局) means—

(a) in the case of an election to elect the Chief Executive, the person designated to be the appropriate authority under any law in force providing for the election of the Chief Executive; and

(b) in the case of an election to elect a member or members of the Legislative Council, the Election Committee or a District Council, the Chief Electoral Officer; and

(c) in the case of an election to elect members of the Heung Yee Kuk or to elect the Chairman or Vice-Chairman or a member of the Executive Committee of a Rural Committee, the returning officer for the election or, if the returning officer for the election has not been appointed, the Director of Home Affairs; and

(d) in the case of an election to elect a village representative, the person designated to be the appropriate authority under any law in force providing for the election of village representatives;

"candidate" (候選人) means—

(a) means a person who stands nominated as a candidate at an election; and

(b) also means a person who, at any time before the close of nominations for an election, has publicly declared an intention to stand as a candidate at the election,

and in relation to an election to return Members for a Legislative Council geographical constituency, includes a person who is one of a group of candidates;

"Chief Electoral Officer" (總理舉事務主任) means the person holding office as such under section 9 of the Electoral Affairs Commission Ordinance (Cap. 541);

"Chief Executive" (行政長官) means the Chief Executive of Hong Kong Special Administrative Region;

"conduct" (行為) engaged in by a person may be corrupt or illegal conduct even though the way in which it affects another person is only indirect;

"constituency" (選區或選舉界別) means—

(a) in relation to a Legislative Council election, a geographical or functional constituency as defined in section 3(1) of the Legislative Council Ordinance (Cap. 542) or the Election Committee; or

(b) in relation to an Election Committee subsector election, the relevant Election Committee subsector; or

(c) in relation to a District Council election, an area declared to be a constituency under section 6(1) of the District Councils Ordinance (Cap. 547);

"corporate elector" (團體選民) has the same meaning as in section 3(1) of the Legislative Council Ordinance (Cap. 542);

"Court" means the Court of First Instance;

"duress" (脅迫手段) includes causing financial loss to a person by duress;

"election" (選舉) means an election to which this Ordinance applies;

"election advertisement" (選舉廣告), in relation to an election, means—

(a) a publicly exhibited notice; or

(b) a notice delivered by hand or electronic transmission; or

(c) a public announcement made by radio or television or by video or cinematographic film; or

(d) any other form of publication,

published for the purpose of promoting or prejudicing the election of a candidate or candidates at the election;

"election agent" (選舉代理人) means a person who is appointed in writing by a candidate at an election to be an election agent for the candidate at the election;

"election appeal" (選舉上訴) means an appeal to a Revising Officer under section 32 of Schedule 2 to the Legislative Council Ordinance (Cap. 542);

"Election Committee" (選舉委員會) means the Election Committee constituted in accordance with Part IV of the Legislative Council Ordinance (Cap. 542);

"Election Committee subsector" (選舉委員會界別分組) means a subsector represented on the Election Committee as provided by section 1(4) of Schedule 2 to the Legislative Council Ordinance (Cap. 542);

"election donation" (選舉捐贈), in relation to a candidate or candidates at an election, means any of the following donations—

(a) any money given to or in respect of the candidate or candidates for the purpose of meeting, or contributing towards meeting, the election expenses of the candidate or candidates;

(b) any goods given to or in respect of the candidate or candidates for the purpose of promoting the election of candidate or candidates or of prejudicing the election of another candidate or other candidates, and includes any goods given incidental to the provision of voluntary service;

(c) any service provided to or in respect of the candidate or candidates for the purpose of promoting the election of the candidate or candidates or of prejudicing the election of another candidate or other candidates, but does not include voluntary service;

"election expense agent" (選舉開支代理人), in relation to a candidate or group of candidates, means a person authorized by the candidate or candidates in accordance with section 23;

"election expenses" (選舉開支), in relation to a candidate or group of candidates at an election, means expenses incurred or to be incurred, before, during or after the election period, by or on behalf of the candidate or group for the purpose of—

(a) promoting the election of the candidate or group; or

(b) prejudicing the election of another candidate or group,

and includes the value of election donations consisting of goods and services used for that purpose;

"election period" (選舉期間), in relation to an election, means the period beginning with the nomination day for the election and ending with the polling day for the election (or the last polling day if there is more than one polling day);

"election petition" (選舉呈請) means an election petition lodged under an electoral law for the purpose of questioning an election held under that law;

"election return" (選舉申報書) means the return required to be lodged by a candidate in accordance with section 37;

"elector" (選民)—

(a) in relation to an election to elect the Chief Executive, means a person who is an elector under any law in force providing for the election of the Chief Executive; and

(b) in relation to an election to elect a Member of the Legislative Council, means an elector as defined by section 3(1) of the Legislative Council Ordinance (Cap. 542), and in relation to a corporate elector, includes the authorized representative of the elector; and

(c) in relation to an election to elect a member of the Election Committee, means a voter as defined by section 7(1) of Schedule 2 to that Ordinance or the authorized representative of a corporate voter; and

(d) in relation to an election to elect a member of a District Council, means an elector as defined by section 2 of the District Councils Ordinance (Cap. 547); and

(e) in relation to an election to elect members of the Heung Yee Kuk, means a person who, in accordance with the Heung Yee Kuk Ordinance (Cap. 1097), is entitled to vote at the election; and

(f) in relation to an election to elect the Chairman or Vice-Chairman or a member of the Executive Committee of a Rural Committee, means a member of the general assembly of the Rural Committee; and

(g) in relation to an election to elect a village representative, means a person who is an elector under any law in force providing for the election of village representatives;

"electoral law" (選舉法) means—

(a) the Electoral Affairs Commission Ordinance (Cap. 541); or

(b) the Legislative Council Ordinance (Cap. 542); or

(c) the District Councils Ordinance (Cap. 547); or

(d) the Heung Yee Kuk Ordinance (Cap. 1097); or

(e) any law in force providing for the election of—

(i) the Chief Executive; or

(ii) village representatives;

"electoral officer" (選舉事務主任) means—

(a) the Chief Electoral Officer; or

(b) a returning officer; or

(c) an assistant returning officer; or

(d) the Electoral Registration Officer; or

(e) any person who is appointed under an electoral law to exercise functions in connection with an election;

"Electoral Registration Officer" (選舉登記主任) means the person holding office as such under section 75 of the Legislative Council Ordinance (Cap. 542), and includes any person appointed to act in the Officer's place when the Officer is absent from duty or the office is vacant;

"force" (武力)—

(a) includes any form of violence or restraint; and

(b) in particular, includes—

(i) inflicting harm on a person (whether physical or mental); and

(ii) causing damage to, or destruction of a person's property;

"group of candidates" (候選人組合)—

(a) means the persons whose names appear on a list of candidates nominated for election to return Members for a Legislative Council geographical constituency, other than persons whose names have, in accordance with section 38 of the Legislative Council Ordinance (Cap. 542), been excluded from or struck out of such a list; and

(b) in relation to a time before the close of nominations for such an election, also means those persons who have publicly declared their intention to stand for election as candidates whose names appear on such a list, but does not include persons who have publicly revoked their declaration of intention to stand at the election;

"Legislative Council" (立法會) means the Legislative Council of the Hong Kong Special Administrative Region;

"notice" (通知) includes leaflet, circular, placard and poster;

“organization" (組鐵) includes a company, association, Society or other body of persons;

"publish" (發布) means print, exhibit, distribute, post up, publicly announce or make publicly known by any other means, and includes continue to publish;

"returning officer" (選舉主任)—

(a) in relation to an election to elect the Chief Executive, means the person appointed to be the Returning Officer under any law in force providing for the election of the Chief Executive; and

(b) in relation to an election for a Legislative Council constituency, means a Returning Officer appointed for the constituency under section 78 of the Legislative Council Ordinance (Cap. 542), and

(c) in relation to an election for an Election Committee subsector, means a Returning Officer appointed for the subsector under section 78 of the Legislative Council Ordinance (Cap. 542); and

(d) in relation to an election for a constituency of a District Council, means a Returning Officer appointed for the constituency under section 75 of the District Councils Ordinance (Cap. 547), and

(e) in relation to an election to elect members of the Heung Yee Kuk, means the person appointed under section 7 of the Heung Yee Kuk Ordinance (Cap. 1097) to be the Returning Officer for the election; and

(f) in relation to an election to elect the Chairman or Vice- Chairman or a member of the Executive Committee of a Rural Committee, means the District Officer in the Home Affairs Department for the district for which the Rural Committee is established; and

(g) in relation to an election to elect a village representative, means a person appointed to be a Returning Officer under any law in force providing for the election of village representatives,

and—

(i) if the Returning Officer referred to in paragraph (b), (c) or (d) has not been appointed, means, in so far as it relates to the relevant election, the Chief Electoral Officer; and

(ii) if the Returning Officer referred to in paragraph (e) has not been appointed, means the Director of Home Affairs;

"Rural Commite" (鄉事委員會) has the same meaning as in Section 3(3) of the Heung Yee Kuk Ordinance (Cap. 1097);

"valuable consideration" (有值代價) means money or anything worth money;

"value" (價值) means, in relation to goods or a service that is donated, the price that could reasonably be expected to be paid for the goods or service if supplied by a willing supplier to a willing buyer on the open market, with both parties acting at arms length;

"village representative" (村代表) means a person elected to be a village representative under any law in force providing for the election of village representatives;

"voluntary service" (義務服務) means any service provided free of charge to or in respect of a candidate or candidates at an election by a natural person, voluntarily and personally, in the person's own time for the purpose of—

(a) promoting the election of the candidate or candidates; or

(b) prejudicing the election of another candidate or other candidates.

3. Objects of this Ordinance

The objects of this Ordinance are—

(a) to ensure that, as far as practicable, elections to elect the Chief Executive and persons to membership of the Legislative Council, District Councils and certain other public bodies and to be village representatives are conducted fairly, openly and honestly and are free from corrupt conduct and illegal conduct; and

(b) to regulate electoral advertising so as to ensure, as far as practicable, the fairness and honesty of electoral advertising; and

(c) ensure that candidates properly account for the expenditure of money at elections and the soliciting and receipt of election donations and that they do not exceed the prescribed levels of expenditure.

4. What elections does this Ordinance apply to?

This Ordinance applies to the following kinds of elections—

(a) an election to elect the Chief Executive;

(b) a general election to elect the Members of the Legislative Council;

(c) a by-election to fill a vacancy in the membership of the Legislative Council;

(d) an election to elect members of the Election Committee;

(e) an ordinary election to elect the elected members of a District Council;

(f) a by-election to fill a vacancy in the membership of a District Council;

(g) an election to elect members of the Heung Yee Kuk;

(h) an election to elect a person as the Chairman or Vice-Chairman or a member of the Executive Committee of a Rural Committee;

(i) an election to elect a village representative.

5. What conduct does this Ordinance apply to?

This Ordinance applies to all conduct concerning an election, whether the conduct is engaged in within Hong Kong or elsewhere.

PART 2
Corrupt Conduct

6. What penalties can be imposed for corrupt conduct at elections?

(1) A person who engages in corrupt conduct at an election commits an offence and is—

(a) if tried summarily, liable on conviction to a fine of $200,000 and to imprisonment for 3 years; or

(b) on indictment, liable on conviction to a fine of $500,000 and to imprisonment for 7 years.

(2) A person may be convicted of an offence of having engaged in corrupt conduct at an election if the person is found to have engaged in the conduct before, during or after the election period.

(3) A court that convicts a person of having engaged in corrupt conduct must order the person to pay to the court—

(a) the amount or value of any valuable consideration received by the person or the person's agents in connection with the conduct; or

(b) such part of the amount or value as that court specifies in the order.

7. Corrupt conduct to bribe candidates or prospective candidates

(1) A person engages in corrupt conduct at an election if the person corruptly—

(a) offers an advantage to another person as an inducement for the other person—

(i) to stand, or not to stand, as a candidate at the election; or

(ii) if the other person has been nominated as a candidate at the election, to withdraw the nomination; or

(iii) if the other person has been nominated as a candidate at the election, not to use the other person's best endeavours to promote the election of the other person; or

(b) offers an advantage to another person as a reward—

(i) for having stood, or not stood, as a candidate at the election; or

(ii) if the other person was nominated as a candidate at the election, for having withdrawn the nomination; or

(iii) if the other person was or has been nominated as a candidate at the election, for not having used the other person's best endeavours to promote the election of the other person; or

(c) offers an advantage to another person as an inducement for the other person to get, or try to get, a third person—

(i) to stand, or not to stand, as a candidate at the election; or

(ii) if the third person has been nominated as a candidate at the election, to withdraw the nomination; or

(ii) if the third person has been nominated as a candidate at the election, not to use the third person's best endeavours to promote the election of the third person; or

(d) offers an advantage to another person as a reward for having got, or having tried to get, a third person—

(i) to stand, or not to stand, as a candidate at the election; or

(ii) if the third person was nominated as a candidate at the election, to withdraw the nomination; or

(iii) if the third person was or has been nominated as a candidate at the election, not to use the third person's best endeavours to promote the election of the third person; or

(e) solicits or accepts an advantage as an inducement—

(i) to stand, or not to stand, as a candidate at the election; or

(ii) if the person has been nominated as a candidate at the election, to withdraw the nomination; or

(iii) if the person has been nominated as a candidate at the election, not to use the person's best endeavours to promote the election of the person; or

(f) solicits or accepts an advantage as a reward—

(i) for having stood, or not stood, as a candidate at the election; or

(ii) if the person was nominated as a candidate at the election, for having withdrawn the nomination; or

(iii) if the person was or has been nominated as a candidate at the election, for not having used the person's best endeavours to promote the election of the person; or

(g) solicits or accepts an advantage as an inducement to get, or try to get, another person—

(i) to stand, or not to stand, as a candidate the election; or

(ii) if the other person has been nominated as a candidate at the election, to withdraw the nomination; or

(iii) if the other person has been nominated as a candidate at the election, not to use the other person's best endeavours to promote the election of the other person; or

(h) solicits or accepts an advantage as a reward for having got, or having tried to get, another person—

(i) to stand, or not to stand, as a candidate at the election; or

(ii) if the other person was nominated as a candidate at the election, to withdraw the nomination; or

(iii) if the other person was or has been nominated as a candidate at the election, not to use the other person's best endeavours to promote the election of the other person.

(2) For the purposes of this section—

(a) a person offers an advantage if the person confers, undertakes to confer or shows a willingness to confer, an advantage on another person; and

(b) a person solicits an advantage if the person asks for, or shows a willingness to receive, an advantage, either for the person's own benefit or for the benefit of another person; and

(c) a person accepts an advantage if the person receives or obtains an advantage, or agrees to receive or obtain an advantage, either for the person's own benefit or for the benefit of another person.

(3) For the purposes of this section, a person is taken to offered an advantage even though the offer was made by another person, but only if the other person was acting with the person's authority. That authority may be conferred expressly or by implication.

8. Corrupt conduct to use or threaten to use force or duress against candidates or prospective candidates

(1) A person engages in corrupt conduct at an election if the person—

(a) uses force or duress, or threatens to use force or duress, against another person to induce the other person—

(i) to stand, or not to stand, as a candidate at the election; or

(ii) if the other person has been nominated as a candidate at the election, to withdraw the nomination; or

(b) uses force or duress, or threatens to use force or duress, against another person to induce the other person to get a third person—

(i) to stand, or not to stand, as a candidate at the election; or

(ii) if the third person has been nominated as a candidate at the election, to withdraw the nomination; or

(c) uses force or duress, or threatens to use force or duress, against another person because the other person or a third person—

(i) stood, or did not stand, as a candidate at the election; or

(ii) if the other person or the third person has been nominated as a candidate at the election, withdrew the nomination.

(2) A person is taken to have engaged in corrupt conduct of a kind referred to in subsection (1) even though the conduct was engaged in by another person, but only if the other person was acting with the person's authority. That authority may be conferred expressly or by implication.

9. Corrupt conduct to engage in certain deceptive behaviour relation to candidates and prospective candidates

(1) A person engages in corrupt conduct at an election if the person—

(a) by a deception, induces another person—

(i) to stand, or not to stand, as a candidate at the election; or

(ii) if the other person has been nominated as a candidate at the election, to withdraw the nomination; or

(b) by a deception, induces another person to get a third person—

(i) to stand, or not to stand, as a candidate at the election; or

(ii) if the third person has been nominated a candidate at the election, to withdraw the nomination.

(2) A person is taken to have engaged in corrupt conduct of a kind referred to in subsection (1) even though the conduct was engaged in by another person, but only if the other person was acting with the person's authority. That authority may be conferred expressly or by implication.

10. Corrupt conduct to deface or destroy nomination papers

A person engages in corrupt conduct at an election if the person, with intent to prevent or obstruct another person from standing for election, defaces or destroys a completed or partly completed nomination paper.

11. Corrupt conduct to bribe electors and others at elections

(1) A person engages in corrupt conduct at an election if the person, without reasonable excuse—

(a) offers an advantage to another person as an inducement to vote at the election for a particular candidate or particular candidates; or

(b) offers an advantage to another person as a reward for having voted at the election for a particular candidate or particular candidates; or

(c) offers an advantage to another person as an inducement to get, or try to get, a third person to vote at the election for a particular candidate or particular candidates; or

(d) offers an advantage to another person as a reward for having got, or having tried to get, a third person to vote at the election for a particular candidate or particular candidates; or

(e) solicits or accepts an advantage as an inducement to vote at the election for a particular candidate or particular candidates; or

(f) solicits or accepts an advantage as a reward for having voted at the election for a particular candidate or particular candidates; or

(g) solicits or accepts an advantage as an inducement to get, or try to get, another person to vote at the election for a particular candidate or particular candidates; or

(h) solicits or accepts an advantage as a reward for having got, or having tried to get, another person to vote at the election for a particular candidate or particular candidates.

(2) A person also engages in corrupt conduct at an election if the person, without reasonable excuse—

(a) offers an advantage to another person as an inducement not to vote at the election, or not to vote at the election for a particular candidate or particular candidates; or

(b) offers an advantage to another person as a reward for not voting at the election, or for not voting at the election for a particular candidate or particular candidates; or

(c) offers an advantage to another person as an inducement to get, or try to get, a third person not to vote at the election, or not to vote at the election for a particular candidate or particular candidates; or

(d) offers an advantage to another person as a reward for having got, or having tried to get, a third person not to vote at the election, or not to vote at the election for a particular candidate or particular candidates; or

(e) solicits or accepts an advantage as an inducement not to vote at the election, or not to vote at the election for a particular candidate or particular candidates; or

(f) solicits or accepts an advantage as a reward for not voting at the election, or for not voting at the election for a particular candidate or particular candidates, or

(g) solicits or accepts an advantage as an inducement to get, or try to get, another person not to vote at the election, or not to vote at the election for a particular candidate or particular candidates; or

(h) solicits or accepts an advantage as a reward for having got, or having tried to get another person not to vote at the election, or not to vote at the election for a particular candidate or particular candidates.

(3) For the purposes of this section—

(a) a person offers an advantage if the person confers, undertakes to confer or shows a willingness to confer, an advantage on another person; and

(b) a person solicits an advantage of the person asks for, or shows a willingness to receive, an advantage, either for the person's own benefit or for the benefit of another person; and

(c) a person accepts an advantage if the person receives or obtains an advantage, or agrees to receive or obtain an advantage, either for the person's own benefit or for the benefit of another person.

(4) For the purposes of this section, a person is taken to have offered an advantage even though the offer was made by another person, but only if the other person was acting with the person's authority. That authority may be conferred expressly or by implication.

(5) A candidate or other person does not engage in corrupt conduct in contravention of this section only because the candidate or person has offered or solicited an offer to enter into a voting arrangement.

(6) For the purposes of subsection (5), a voting arrangement is an arrangement under which persons agree to vote for, or get others to vote for, a candidate or candidates in return for other persons agreeing to vote for, or get others to vote for, another candidate or other candidates.

(7) Subsection (5) applies even when the offers relate to different elections.

(8) In a prosecution for an offence against this section, the onus of proving a reasonable excuse lies on the defendant.

12. Corrupt conduct to provide others with refreshments and entertainment at election

(1) A person engages in corrupt conduct at an election if the person provides, or meets all or part of the cost of providing, food, drink or entertainment for another person for the purpose of inducing the other person or a third person—

(a) to vote at the election for a particular candidate or particular candidates; or

(b) not to vote at the election, or not to vote at the election for a particular candidate or particular candidates.

(2) A person engages in corrupt conduct at an election if the person provides, or meets all or part of the cost of providing, food, drink or entertainment for another person because the other person or a third person—

(a) has voted at the election for a particular candidate or particular candidates; or

(b) has not voted at the election, or has not voted at the election for a particular candidate or particular candidates.

(3) A person engages in corrupt conduct at an election if the person solicits, accepts or takes food, drink or entertainment—

(a) as an inducement to vote at the election for a particular candidate or particular candidates; or

(b) as an inducement not to vote at the election, or not to vote the election for a particular candidate or particular candidates.

(4) A person engages in corrupt conduct at an election if the person solicits, accepts or takes food, drink or entertainment—

(a) as a reward for having voted at the election for a particular candidate or particular candidates; or

(b) as a reward for not having voted at the election, or not having voted at the election for a particular candidate or particular candidates.

(5) A person does not engage in corrupt conduct of a kind referred to in subsection (1) only because the person has, at an election meeting, served non-alcoholic drinks of any kind. An election meeting is any meeting held to promote or prejudice the election of a particular candidate or particular candidates.

(6) A person is taken to have engaged in corrupt conduct of a kind referred to in subsections (1) to (4) even though the conduct was engaged in by another person, but only if the other person was acting with the person's authority. That authority may be conferred expressly or by implication.

13. Corrupt conduct to use or threaten to use force or duress against electors

(1) A person engages in corrupt conduct at an election if the person—

(a) uses force or duress, or threatens to use force or duress, against another person to induce the other person to vote at the election, or to vole at the election for a particular candidate or particular candidates; or

(b) uses force or duress, or threatens to use force or duress, against another person because the other person voted at the election, or voted at the election for a particular candidate or particular candidates; or

(c) uses force or duress, or threatens to use force or duress, against another person to induce the other person to get a third person to vote at the election, or to vote at the election for a particular candidate or particular candidates.

(2) A person also engages in corrupt conduct at an election if the person—

(a) uses force or duress, or threatens to use force or duress, against another person to induce the other person not to vote at the election, or not to vote at the election for a particular candidate or particular candidates; or

(b) uses force or duress, or threatens to use force or duress, against another person because the other person refrained from voting at the election, or refrained from voting at the election for a particular candidate or particular candidates; or

(c) uses force or duress, or threatens to use force or duress, against another person to get the other person to induce a third person not to vote at the election, or not to vote at the election for a particular candidate or particular candidates; or

(d) by abduction, prevents an elector from voting at the election.

(3) A person is taken to have engaged in corrupt conduct of a kind referred to in subsection (1) or (2) even though the conduct was engaged in by another person, but only if the other person was acting with the person's authority. That authority may be conferred expressly or by implication.

(4) A corporate elector does not contravene this section only because it has instructed its authorized representative to cast its vote, or not to cast its vote, at an election for a particular candidate or particular candidates.

14. Corrupt conduct to engage in certain deceptive behaviour in relation to electors

(1) A person engages in corrupt conduct at an election if the person, by a deception—

(a) induces another person to vote at the election for a particular candidate or particular candidates; or

(b) induces another person not to vote at the election, or not to vote at the election for a particular candidate or particular candidates; or

(c) gets another person to induce a third person to vote at the election for a particular candidate or particular candidates; or

(d) gets another person to induce a third person not to vote at the election, or not to vote at the election for a particular candidate or particular candidates; or

(e) obstructs or prevents another person from voting at the election; or

(f) gets another person to obstruct or prevent a third person from voting at the election.

(2) A person is taken to have engaged in corrupt conduct of a kind referred to in subsection (1) even though the conduct was engaged in by another person, but only if the other person was acting with the person's authority. That authority may be conferred expressly or by implication.

15. Corrupt conduct to impersonate another at election

(1) A person engages in corrupt conduct at an election if the person, otherwise than as expressly permitted by an electoral law—

(a) applies for a ballot paper in the name of another person; or

(b) having voted at an election, applies at the same election for a ballot paper in the person's own name.

(2) In subsection (1), the reference to another person includes a reference to a person who has died or is a fictitious person as well as to an actual living person.

16. Corrupt conduct with respect to voting at elections

(1) A person engages in corrupt conduct at an election if the person—

(a) votes at the election knowing that the person is not entitled to do so; or

(b) votes at the election after having—

(i) given to an electoral officer information that the person knew to be materially false or misleading; or

(ii) knowingly omitted to give material information to an electoral officer; or

(iii) recklessly given to an electoral officer information that was materially false or misleading; or

(c) except as expressly permitted by an electoral law—

(i) votes at the election more than once in the same constituency; or

(ii) votes at the election in more than one constituency.

(2) A person engages in corrupt conduct at an election if the person invites or induces another person—

(a) to vote at the election knowing that the other person is not entitled to do so; or

(b) to vote at the election knowing that the other person has—

(i) given to an electoral officer information that was materially false or misleading; or

(ii) omitted to give material information to an electoral officer; or

(c) except as expressly permitted by an electoral law—

(i) to vote at the election more than once in the same constituency; or

(ii) to vote at the election in more than one constituency.

(3) For the purposes of this section, a person who has applied for a ballot paper for the purpose of voting at an election is taken to have voted at the election. However, a person who has applied for, and been given, a ballot paper is not to be regarded as having voted more than once at an election only because the person—

(a) has spoilt the ballot paper; and

(b) after complying with the requirements of any relevant electoral law with respect to spoilt ballot papers, has voted, using another ballot paper.

17. Corrupt conduct to destroy or deface ballot papers

(1) A person engages in corrupt conduct at an election if the person—

(a) without lawful authority, supplies a ballot paper to another person; or

(b) with intent to deceive, puts into a ballot box a paper other than a ballot paper that the person is lawfully authorized to put into the box; or

(c) with intent to deceive, removes a ballot paper from a polling station; or

(d) without lawful authority, destroys, defaces, takes or otherwise interferes with a ballot paper in use, or that has been used, at the election; or

(e) without lawful authority, destroys, removes, opens or otherwise interferes with a ballot box in use at the election.

(2) In a prosecution for an offence against this section, the onus of proving lawful authority lies on the defendant.

18. Corrupt conduct to make improper use of election donations

A candidate or other person who uses election donations for a purpose—

(a) other than that of meeting, or contributing towards meeting, the election expenses of the candidate; or

(b) in the case of an election donation consisting of goods or a service, other than that of promoting the election of the candidate or that of prejudicing the election of another candidate or other candidates,

engages in corrupt conduct at an election.

19. How candidate must dispose of certain election donations?

(1) A candidate or candidates must, on receiving an election donation of more than $1,000 or, in the case of an election donation consisting of goods or a service, of more than $1,000 in value, issue to the donor a receipt for the donation. The receipt must specify the name and address of the donor as supplied by the donor.

(2) If an election donation of more than $1,000 or, in the case of an election donation consisting of goods, of more than $1,000 in value, is given to or for a candidate or candidates and the candidate or candidates do not know the name and address of the donor, the candidate or candidates must ensure that the donation—

(a) is not used—

(i) for the purpose of meeting, or contributing towards meeting, the election expenses of the candidate or any of the candidates; or

(ii) in the case of an election donation consisting of goods, for the purpose of promoting the election of the candidate or any of the candidates or of prejudicing the election of another candidate or other candidates; and

(b) is given to a charitable institution or trust of a public character chosen by the candidate or candidates.

(3) If an election donation of money or goods has been given to or for a candidate or candidates and the donation—

(a) has not been used—

(i) for the purpose of meeting, or contributing towards meeting, the election expenses of the candidate or candidates; or

(ii) in the case of an election donation consisting of goods, for the purpose of promoting the election of the candidate or candidates or of prejudicing the election of another candidate or other candidates; or

(b) is not used in the case referred to in subsection (2),

the candidate or candidates must ensure that the donation is given to a charitable institution or trust of a public character chosen by the candidate or candidates.

(4) If the aggregate of all election donations given to or for a particular candidate or a particular group of candidates exceeds the maximum amount prescribed under section 45, the candidate or the candidates belonging to the group must ensure that the excess (not including election donations of services) is given to a charitable institution or trust of a public character chosen by the candidate or those candidates.

(5) If an election donation is received by a candidate or candidates, the candidate or each of the candidates engages in corrupt conduct at an election if—

(a) the candidate or candidates fail to comply with subsection (1) or (2); or

(b) the candidate or candidates fail to comply with any other requirement of this section before the time when the candidate's or each candidate's election return for the election is lodged in accordance with section 37.

(6) In this section, "charitable institution or trust of a public character" (慈善機構或屬公共性質的信託) means a charitable institution or trust of a public character that is exempt from tax under section 88 of the Inland Revenue Ordinance (Cap. 112).

20. Corrupt conduct to lodge false or misleading election return

A candidate engages in corrupt conduct at an election if the candidate, in an election return lodged under section 37, makes a statement that the candidate knows or ought to know is materially false or misleading.

21. Corrupt conduct to withdraw election petition or election appeal for a bribe

(1) A person engages in corrupt conduct at an election if the person, having lodged an election petition or an election appeal—

(a) withdraws the petition or appeal in return for an advantage solicited by the person or offered by another person; or

(b) solicits or accepts an advantage as an inducement to withdraw the petition or appeal.

(2) A person engages in corrupt conduct at an election if the person—

(a) offers an advantage to a person who has lodged an election petition or an election appeal as an inducement to withdraw the petition or appeal; or

(b) offers an advantage to another person to get the other person to induce or try to induce a person who has lodged an election petition or an election appeal to withdraw the petition or appeal.

(3) A person engages in corrupt conduct at an election if the person solicits or accepts an advantage as a reward for—

(a) having withdrawn an election petition or an election appeal; or

(b) having induced another person to withdraw such a petition or appeal.

(4) A person engages in corrupt conduct at an election if the person—

(a) offers an advantage to another person as a reward for having withdrawn or agreed to withdraw an election petition or an election appeal; or

(b) offers an advantage to another person as a reward for having got a person who has lodged an election petition or an election appeal to withdraw the petition or appeal.

(5) For the purposes of this section—

(a) a person solicits an advantage if the person asks for, or shows a willingness to receive, an advantage, either for the person's own benefit or for the benefit of another person; and

(b) a person accepts an advantage if the person receives or obtains an advantage, or agrees to receive or obtain an advantage, either for the person's own benefit or for the benefit of another person; and

(c) a person offers an advantage if the person confers, undertakes to confer or shows a willingness to confer, an advantage on another person.

PART 3
Illegal Conduct

22. What penalties can be imposed for illegal conduct at elections?

(1) Any person who engages in illegal conduct at an election commits an offence and is—

(a) if tried summarily, liable on conviction to a fine at level 5 and to imprisonment for 1 year; or

(b) if tried on indictment, liable on conviction to a fine of $200,000 and to imprisonment for 3 years.

(2) A person may be convicted of an offence of having engaged in illegal conduct at an election if the person is found to have engaged in the conduct before, during or after the election period.

23. Illegal conduct for persons other than candidates and election expense agents to incur election expenses

(1) A person, other than a candidate or a candidate's election expense agent, engages in illegal conduct at an election of the person incurs election expenses at or in connection with the election.

(2) If a candidate who belongs to a group of candidates incurs election expenses at or in connection with an election, the candidate engages in illegal conduct at the election unless each other candidate who belongs to the group has authorized the candidate to be the other candidate's election expense agent.

(3) A candidate engages in illegal conduct at an election if election expenses incurred by the candidate or by the candidate's election expense agent are not included in the candidate's election return.

(4) An election expense agent engages in illegal conduct at an election if the agent incurs election expenses that exceed the amount specified in the agent's authorization.

(5) For the purposes of this Ordinance, a person is an election expense agent of a candidate (other than a candidate who is a member of a group of 2 or more candidates) if—

(a) the person is authorized in writing by the candidate to incur election expenses at or in connection with the election on behalf of the candidate; and

(b) the maximum amount of election expenses that the person is authorized to incur is specified in the authorization; and

(c) a copy of the authorization has been served on the appropriate returning officer.

(6) For the purposes of this Ordinance, a person (including a candidate) is an election expense agent of a group of 2 or more candidates only if—

(a) the person is authorized in writing by each of the candidates to incur election expenses at or in connection with the election on behalf of the group; and

(b) the maximum amount of election expenses that the person is authorized to incur is specified in the authorization; and

(c) a copy of the authorization has been served on the appropriate returning officer.

(7) An authorization referred to in subsection (5) or (6) remains in force until the end of the relevant election period unless it is revoked earlier.

24. Illegal conduct for candidate to incur election expenses exceeding prescribed amount

(1) A candidate engages in illegal conduct at an election if the aggregate amount of election expenses incurred at or in connection with the election by or on behalf of the candidate exceeds the maximum amount of election expenses prescribed for a candidate by regulations in force under section 45.

(2) If regulations under section 45 prescribe a maximum amount of election expenses for groups of candidates at an election at which the list system of voting is used, each member of a group of candidates engages in illegal conduct at the election if the aggregate amount of the election expenses incurred at or in connection with the election by or on behalf of the group exceeds the maximum amount of election expenses so prescribed.

(3) In a prosecution alleging illegal conduct under this section by a candidate, it is a defence for the candidate to prove that the election expenses were incurred—

(a) without negligence by the candidate; and

(b) either without the candidate's consent or in excess of an amount specified in an authorization under section 23.

(4) For the purposes of this section, the value of an election donation consisting of goods or services is taken to be an amount of election expense incurred by or on behalf of a particular candidate or particular candidates if the goods or services are used for the purpose of promoting the election of the candidate or candidates or of prejudicing the election of another candidate or other candidates.

25. Illegal conduct to publish false statement that a person is or is not a candidate

(1) A person engages in illegal conduct at an election if the person publishes a statement, knowing it to be false, that the person or another person is a candidate at the election.

(2) A candidate engages in illegal conduct at an election if the candidate publishes a statement, knowing it to be false, that the candidate is no longer a candidate at the election,

(3) A person engages in illegal conduct at an election if the person publishes a statement, knowing it to be false, that another person who has been nominated as a candidate is no longer a candidate at the election.

26. Illegal conduct to publish false or misleading statements about a candidate

(1) A person engages in illegal conduct at an election if the person publishes a materially false or misleading statement of fact about a particular candidate or particular candidates for the purpose of promoting or prejudicing the election of the candidate or candidates.

(2) A candidate engages in illegal conduct at an election if the candidate publishes a materially false or misleading statement of fact about the candidate or candidates with whom the candidate is associated, or about another candidate or other candidates, for the purpose of—

(a) promoting the election of the candidate or candidates with whom the candidate is associated; or

(b) prejudicing the election of the other candidate or candidates.

(3) For the purposes of this section, statements about a candidate or candidates include (but are not limited to) statements concerning the character, qualifications or previous conduct of the candidate or candidates.

(4) In a prosecution for an offence of having engaged in illegal conduct under subsection (1) or (2), it is a defence to prove that the defendant believed on reasonable grounds that the statement was true at the time when it was made.

27. Illegal conduct to publish election advertisement that includes false claim of support

(1) A candidate engages in illegal conduct at an election if the candidate publishes, or authorizes the publication of, an election advertisement that includes—

(a) the name or logo of or associated with a person or an organization; or

(b) a name or logo that is substantially similar to the name or logo of or associated with a person or an organization; or

(c) a pictorial representation of a person,

in such a way as to imply, or to be likely to cause electors to believe, that the candidate or candidates with whom the candidate is associated have the support of the person or organization unless, before the publication of the election advertisement, the person or organization consented in writing to the inclusion of the name, logo or pictorial representation.

(2) A person engages in illegal conduct at an election if the person publishes, or authorizes the publication of, an election advertisement that includes—

(a) the name or logo of or associated with another person or an organization; or

(b) a name or logo that is substantially similar to the name or logo of or associated with another person or an organization; or

(c) a pictorial representation of another person,

in such a way as to imply, or to be likely to cause electors to believe, that a particular candidate or particular candidates have the support of the other person or organization unless, before the publication of the election advertisement, the other person or organization consented in writing to the inclusion of the name, logo or pictorial representation.

(3) For the purposes of subsections (1) and (2), the consent of an organization is taken to have been obtained if—

(a) the consent was given by an officer of the organization; and

(b) the candidate or person who publishes, or authorizes the publication of the election advertisement believed on reasonable grounds that the officer had authority to give the consent.

(4) A candidate or other person engages in illegal conduct for having published or authorized the publication of an election advertisement of a kind referred to in subsection (1) or (2) despite the fact that the advertisement contains a statement to the effect that the inclusion in the advertisement of a name or logo of or associated with a person or an organization, or a pictorial representation of a person, does not imply support by the person or organization for a candidate or candidates.

(5) A person engages in illegal conduct at an election if the person purports to give consent in writing to the inclusion in an election advertisement of the name or logo of or associated with an organization without having been approved by the governing body of the organization or by a resolution of the members of the organization passed at a general meeting.

(6) A person engages in illegal conduct at an election if the person, for the purpose of promoting or prejudicing the election of a candidate or candidates, gives information to the candidate or candidates that the person knows or ought to know is materially false or misleading.

(7) In this section, "support" (支持), in relation to a candidate, includes support for the policies or activities of the candidate.

28. Court empowered to restrain person from repeating certain illegal conduct

(1) The Court may, on the hearing of an application under this section, grant an injunction restraining a person who is found to have engaged in illegal conduct at an election in contravention of section 25, 26 or 27—

(a) from continuing or repeating the conduct; or

(b) from engaging in any other conduct of a similar nature.

(2) An injunction under this section may be granted on such terms as the Court considers appropriate.

(3) The Court may, in addition to granting an injunction, make an order requiring a person to do a specified act.

(4) The Court may grant an interim injunction pending the determination of an application under this section. Such an injunction may be granted merely on the basis of rebuttable evidence of the illegal conduct alleged to have been engaged in.

(5) An application for an injunction under this section can be made by—

(a) a candidate at the election—

(i) for the same constituency; or

(ii) in the case of an election relating to the Heung Yee Kuk or a Rural Committee, for the same body; or

(b) the election agent of such a candidate; or

(c) a person who is registered as an elector for the constituency or body concerned; or

(d) if the election is one at which corporate electors are eligible to vote, a member of a body that is registered as a corporate elector for the constituency or body concerned; or

(e) if the election: to elect a person as a Member of the Legislative Council to represent a functional constituency, a body or natural person referred to in section 25(5) or (6) of the Legislative Council Ordinance (Cap. 542).

(6) Despite subsection (5), an application for an injunction under this section can be made by—

(a) if the election is to elect the Chief Executive, a person specified for this purpose under any law in force providing for the election of the Chief Executive; or

(b) if the election is to elect a village representative, a person specified for this purpose under any law in force providing for the election of village representatives.

(7) An application for an injunction under this section can also be made by—

(a) a person who alleges that the name or logo of or associated with the person, or a pictorial representation of the person; or

(b) an organization that alleges that the name or logo of or associated with the organization,

has been included in an election advertisement in contravention of section 27.

PART 4
Court Proceedings Relating to Corrupt and Illegal Conduct

29. Interpretation: Part 4

(1) For the purposes of this part, a candidate is to be regarded as having personally engaged corrupt or illegal conduct if the conduct was engaged in with the knowledge and consent of the candidate.

(2) For the purposes of this part, a candidate is not to be regarded as having engaged in corrupt or illegal conduct by an agent if the candidate satisfies the Court that—

(a) the candidate was not aware of the conduct; or

(b) the candidate, if aware of the conduct, did not consent to or connive at it.

30. Court to declare candidate to be elected in certain circumstances despite corrupt or illegal conduct by agents

(1) If, on the hearing of an election petition alleging that a candidate was not duly elected because the candidate engaged in corrupt or illegal conduct at the election, the Court finds that the conduct was engaged in by an agent of the candidate, the Court must nevertheless determine the candidate to have been duly elected if satisfied that—

(a) the candidate did not personally engage in the conduct; and

(b) the conduct did not materially affect the result of the election; and

(c) the candidate took reasonable steps to ensure that no corrupt or illegal conduct was engaged in at the election in relation to the candidate; and

(d) neither the candidate nor any of the candidate's agents engaged in any other corrupt or illegal conduct at the election.

(2) If the Court makes a determination under subsection (1) in respect of particular conduct, it must also order that the candidate concerned is not to be subject to any disqualification under the relevant electoral law in relation to that conduct.

31. Court may make orders relieving candidates from consequences of certain illegal conduct

(1) A candidate, candidate's agent or any other person who has done or omitted to do an act that, but for this section, would be illegal conduct at an election may apply to the Court for an order under subsection (2).

(2) On the hearing of an application under subsection (1), the Court may make an order relieving the applicant from penalties and disqualifications that are imposed by, or could be imposed under, an electoral law for any act or omission of the applicant that, but for this section, would be illegal conduct at an election, but only if the Court—

(a) is satisfied that—

(i) the act or omission was due to inadvertence, an accidental miscalculation or any reasonable cause and was not due to bad faith; and

(ii) where the Court requires notice of the application to be given in Hong Kong, the notice has been given; and

(b) believes it to be just that the applicant should not be subjected to one or more of those penalties and disqualifications.

(3) If an application is made under subsection (1), no prosecution against the applicant for having done or omitted to do an act that, but for this section, would be illegal conduct at an election may be instituted or carried on until the application is disposed of by the Court.

(4) An applicant is not liable to be convicted of an offence of having engaged in illegal conduct at an election if the act or omission of the applicant that, but for this section, would be illegal conduct at the election is the subject of an order made under subsection (2).

32. Witness who is party to corrupt or illegal conduct to be regard accomplice

In a prosecution against a person for having engaged in corrupt or illegal conduct at an election, a witness is not to be regarded as an accomplice only because the witness was a party to the conduct.

PART 5
Electoral Advertising

33. Interpretation: Part 5

In this part—

"incumbent candidate" (在任的候選人) means—

(a) the person holding office as, or for the time being assuming the duties of the Chief Executive; or

(b) a serving Member of the Legislative Council, or a person who was a Member of the Legislative Council immediately before its dissolution; or

(c) a serving member of a District Council; or

(d) a serving member of the Heung Yee Kuk; or

(e) a serving Chairman, Vice-Chairman or member of the Executive Committee of a Rural Committee; or

(f) a serving village representative,

who is seeking re-election to the same office or body or election to another office or body to which this Ordinance applies;

"performance report" (工作表現報告) means a document that gives details of activities organized, services performed or work done by an incumbent candidate as—

(a) the Chief Executive; or

(b) a serving Member of the Legislative Council; or

(c) a serving member of a District Council; or

(d) a serving member of the Heung Yee Kuk; or

(e) a serving Chairman, Vice-Chairman or member of the Executive Committee of a Rural Committee; or

(f) a serving village representative;

"printer" (印刷人), in relation to a document, includes any person who reproduces the document by any means;

"registered local newspaper" (註冊本地報刊) meanis a newspaper registered under section 7 of the Registration of Local Newspapers Ordinance (Cap. 268).

34. Offence to publish election advertisements that do not meet certain requirements

(1) A person must not publish a printed election advertisement that fails to show, in the English or Chinese language—

(a) the name and address of the printer; and

(b) the date on which it was printed; and

(c) the number of copies printed.

(2) Subsection (1) does not apply to an election advertisement that is printed in a registered local newspaper.

(3) Subsection (1) is not contravened in relation to the publication of a printed election advertisement if, not later than 7 days after the advertisement is published, the publisher, or a person authorized by the publisher, has lodged with the appropriate returning officer a statutory declaration that states—

(a) the name and address of the printer; and

(b) the date on which it was printed; and

(c) the number of copies printed.

(4) A person must, not later than 7 days after publishing a printed election advertisement, furnish 2 copies of the advertisement to the appropriate returning officer.

(5) If a printed election advertisement is published in a registered local newspaper, the duty to comply with subsection (4) is on the person who seeks to place the advertisement in the newspaper.

(6) A person who contravenes subsection (1) or (4) commits an offence and is—

(a) if tried summarily, liable on conviction to a fine at level 5 and to imprisonment for 1 year; or

(b) if tried on indictment, liable on conviction to a fine of $200,000 and to imprisonment for 3 years.

(7) A returning officer must keep each copy of statutory declaration or an election advertisement lodged with the officer under this section for 6 months after the date on which the result of the relevant election is published and may then destroy it or dispose of it in some other manner.

(8) Subject to subsection (5), any person who authorizes the publication of an election advertisement is taken to have published the advertisement for the purposes of this section.

(9). A performance report published by an incumbent candidate during an election period is an election advertisement for the purposes of this section.

35. Court may grant relief in certain circumstances if election advertisements do not meet requirements

(1) A person who publishes a printed election advertisement without complying with section 34(1) or (4) may apply to the Court for an order under subsection (2).

(2) On the hearing of an application made under subsection (1), the Court may make an order allowing the publication which would, but for this section, constitute an offence under section 34, be excepted from the relevant requirements under that section and relieving the applicant from the penalties imposed by that section, but only if the Court—

(a) is satisfied that—

(i) the non-Compliance was due to inadvertence, an accidental miscalculation or any reasonable cause and was not due to bad faith; and

(ii) where the Court requires notice of the application to be given in Hong Kong, the notice has been given; and

(b) believes it to be just that the applicant should not be subject to those penalties.

(3) If an application is made under subsection (1), no prosecution against the applicant for not having complied with section 34(1) or (4) may be instituted or carried on until the application is disposed of by the Court.

(4) An applicant is not liable to be convicted of an offence under section 34 if the non-compliance by the applicant with section 34(1) or (4) is the subject of an order made under subsection (2).

PART 6
Election Returns

36. Interpretation: Part 6

For the purposes of this part, the date on which the result of an election is published is—

(a) in the case of an election to elect the Chief Executive, the date specified for this purpose under any law in force providing for the election of the Chief Executive; and

(b) in the case of an election to membership of the Legislative Council, the Election Committee or a District Council, the date on which the result of the election is notified in the Gazette; and

(c) in the case of an election relating to the Heung Yee Kuk or a Rural Committee, the date on which the result of the election is announced by the returning officer for the election; and

(d) in the case of an election to elect a village representative, the date specified for this purpose under any law in force providing for the election of village representatives.

37. Candidate to lodge election return with appropriate authority

(1) Each candidate at an election must lodge with the appropriate authority an election return setting out—

(a) the candidate's election expenses at the election; and

(b) all election donations received by or on behalf of the candidate in connection with the election.

(2) The candidate must ensure that the return—

(a) is lodged not later than 30 days after the date of publication of the result of the election, or within such extended period as may be allowed by the Court under section 40; and

(b) is accompanied—

(i) in the case of each election expense of $100 or more, by an invoice and a receipt giving particulars of the expenditure; and

(ii) in the case of each election donation of more than $1,000 or, in the case of an election donation consisting of goods or a service, of more than $1,000 in value, by a copy of the receipt issued to the donor giving particulars of the donor and the donation; and

(iii) where an election donation or part of an election donation that was received by or on behalf of the candidate in connection with the election was not used for that purpose was disposed of in accordance with section 19, by a copy of the receipt given by the recipient of the donation or part; and

(iv) where an election donation or part of an election donation that was received by or on behalf of the candidate in connection with the election was not used for that purpose was not disposed of in accordance with section 19(3), by an explanation setting out the reason why it was not disposed of in accordance with that section; and

(v) by a declaration in a form provided or specified by the appropriate authority verifying the contents of the return.

(3) For the purposes of subsection (2), an invoice and a receipt for an election expense may be included in the same document.

38. Offence to fail to lodge election return

(1) A candidate who fails to lodge an election return as required by section 37 commits an offence and is—

(a) if tried summarily, liable on conviction to a fine at level 5 and to imprisonment for 1 year; or

(b) if tried on indictment, liable on conviction to a fine of $200,000 and to imprisonment for 3 years.

(2) If a candidate has made an application under section 40, no prosecution against the candidate for failing to have lodged an election return as required by section 37 may be instituted or carried on until the application is disposed of by the Court.

(3) A candidate is not liable to be convicted of an offence under subsection (1) for failing to have lodged an election return as required by section 37 if—

(a) the failure is the subject of an order made under section 40; and

(b) the further period specified in the order has not yet expired.

(4) A candidate who is convicted of an offence under subsection (1) is subject to the same disqualifications as a person convicted of having engaged in illegal conduct.

39. Offence to act in office or participate in affairs of body if no election return is lodged

(1) A person commits an offence if, having been elected to an office or membership of a body at an election to which this Ordinance applies, the person acts in the office or participates in the affairs of the body as a member without having complied with section 37.

(2) A person found guilty of an offence under this section is liable on summary conviction to a fine of $5,000 for each day on which the person acts in the office or participates in the affairs of the body as a member without having complied with section 37.

(3) A person is not liable to be convicted of an offence under this section for acting in the office or participating in the affairs of the body as a member without having complied with section 37 if—

(a) the non-compliance is the subject of an order made under section 40; and

(b) the further period specified in the order has not yet expired.

(4) A person who acts in the office or participates in the affairs of the body as a member without having complied with section 37, if—

(a) the person's application for an order under section 40 is refused; or

(b) the person has not complied with section 37 within the further period specified in the order made under section 40,

may be convicted of an offence under this section and is liable on conviction to the daily fine referred to in subsection (2) counting from the day on which the person began ct in the office or participate in the affairs of the body as a member without having complied with section 37.

40. Court may grant relief to candidate in certain circumstances

(1) A candidate who is unable or has failed to lodge an election return as required by section 37 before the end of the permitted period can apply to the Court for an order allowing the candidate to lodge with the appropriate authority an election return within such further period as the Court specifies.

(2) On the hearing of an application made under subsection (1), the Court may make the order sought, but only if it is satisfied that the inability or failure to lodge an election return as required by section 37 was attributable to—

(a) the applicant's illness or absence from Hong Kong; or

(b) the death, illness, absence from Hong Kong or misconduct of an agent or employee of the applicant; or

(c) inadvertence or an accidental miscalculation by the applicant or any other person; or

(d) any reasonable cause,

and was not due to the applicant's bad faith.

(3) A candidate can also apply to the Court for an order enabling the candidate to correct any error or false statement in an election return or in any document accompanying the return.

(4) On the hearing of an application made under subsection (3), the Court may make the order sought, but only if it is satisfied that the error or false statement was due to—

(a) misconduct of an agent or employee of the applicant; or

(b) inadvertence or an accidental miscalculation by the applicant or any other person; or

(c) any reasonable cause,

and was not due to the applicant's bad faith.

(5) A candidate who has not complied with section 37(2)(b)(i), (ii) or (ii) can also apply to the Court for an order excepting the candidate from the requirement to send an invoice or a receipt, or a copy of a receipt, as required by that section.

(6) On the hearing of an application made under subsection (5), the Court may make the order sought, but only if it is satisfied that the non-compliance was due to—

(a) misconduct of an agent or employee of the applicant; or

(b) inadvertence, or an accidental loss or destruction of the invoice or receipt or copy of the receipt, by the applicant or any other person; or

(c) any reasonable cause,

and was not due to the applicant's bad faith.

(7) in making an order under this section, the Court may impose such conditions as it considers to be appropriate for carrying into effect the objects of this Ordinance.

(8) A person who fails to comply with a condition imposed in an order made under this section commits an offence and is—

(a) if tried summarily, liable to a fine at level 5 and to imprisonment for 1 year; or

(b) if tried on indictment, liable on conviction to a fine of $200,000 and to imprisonment for 3 years.

(9) A candidate who is convicted of an offence under subsection (8) is subject to the same disqualifications as a person convicted of having engaged in illegal conduct.

41. Appropriate authority to keep election returns

(1) The appropriate authority must keep at the office of the authority all election returns lodged with the authority in accordance with section 37.

(2) The appropriate authority must, during the relevant period, ensure that copies of the election returns are made available for inspection by any person who, during the authority's business hours, asks to inspect any of the returns.

(3) If a person asks for a copy of an election return or part of a return kept under this section, the appropriate authority must provide the person with such a copy, subject to payment of a copying fee not exceeding an amount calculated in accordance with a rate fixed in accordance with subsection (4).

(4) The appropriate authority is required, by notice published in the Gazette, to fix a rate for the purposes of subsection (3). The fixing of the rate is subject to the approval of the Financial Secretary. Such a notice is not subsidiary legislation for the purposes of the Interpretation and General Clauses Ordinance (Cap. 1).

(5) After the end of the relevant period, the appropriate authority may arrange for the election returns lodged with the authority to be destroyed, but if, by the end of that period, a candidate who has lodged an election return with the authority asks for it to be returned to the candidate, the authority must comply with the request.

(6) For the purposes of this section, the relevant period, in relation to an election return lodged with the appropriate authority, is the period beginning with the time when the return is lodged with the authority and ending with the first anniversary of the date on which the result of the relevant election is published.

PART 7
Miscellaneous Provisions

42. Officers liable to be found guilty of offences committed by corporation

(1) If a corporation is found guilty of having engaged in corrupt or illegal conduct, each person who was an officer of the corporation when the conduct was engaged in is also liable to be found guilty of having engaged in the conduct unless the person proves—

(a) that the conduct was engaged in without the person's knowledge; or

(b) if the conduct was engaged in with that person's knowledge, that the person exercised reasonable diligence to prevent the conduct from being engaged in.

(2) In this section, "officer" (高級人員), in relation to a corporation, means a director, executive officer or other person who is concerned in the management of the corporation.

43. Attempts to be treated as complete offences

(1) A person who, with the relevant knowledge or intent, attempts to do an act that constitutes an offence against this Ordinance is guilty of attempting to commit the offence.

(2) A person who is convicted of an attempt to commit an offence against this Ordinance is subject to the same penalties and disqualifications imposed by any law to which the person would have been subject on conviction of the offence attempted.

44. Rights of creditors not affected by contravention of this Ordinance

The fact that an election expense has been incurred in contravention of this Ordinance does not prevent a person who has supplied goods or services in relation to which the expense was incurred from exercising any rights that the person has as a creditor under the contract for the supply of the goods or services if the person was unaware of the contravention at the time when the contract was entered into.

45. Chief Executive in Council may make regulations

(1) The Chief Executive in Council may make regulations prescribing the maximum amount of election expenses that can be incurred—

(a) by or on behalf of a candidate at an election; or

(b) where the list system of voting is used at an election, by or on behalf of a group of candidates.

(2) A regulation under this section may prescribe different maximum amounts for different kinds of elections and for different constituencies and for different bodies to which this Ordinance applies.

46. Repeal of Corrupt and Illegal Practices Ordinance

The Corrupt and Illegal Practices Ordinance (Cap. 288) is repealed.

47. Consequential amendments to other Ordinances

The Ordinances specified in column 2 of the Schedule are respectively amended as set out in column 3 of that Schedule.

48. Transitional provision

Any subsidiary legislation made under the Corrupt and Illegal Practices Ordinance (Cap. 288) before its repeal and in force at the commencement of this Ordinance is, so far as it is not inconsistent with this Ordinance, to continue in force and have the like effect for all purposes as if made under this Ordinance.

49. Saving provision

The repeal of the Corrupt and Illegal Practices Ordinance (Cap. 288) does not affect any obligation or liability incurred, or any penalty or disqualification imposed, or any investigation or legal proceedings instituted, under that repealed Ordinance; and any such penalty or disqualification may be imposed, and any such investigation or legal proceedings may be instituted or carried on, as if this Ordinance had not been passed.

Consequential Amendments to Other Ordinances

Item	Enactment	Amendment
1.	Medical Practitioners (Electoral Provisions) (Procedure) Regulation (Cap. 161 sub. leg.)	Repeal section 4(2)(e) and substitute— "(e) he has been convicted of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or".
2.	Crimes Ordinance (Cap. 200)	In section 46(1), add "or corrupt conduct" after "corrupt practice".
3.	Prevention of Bribery Ordinance (Cap. 201)	In section 2(1), in the definition of "advantage", repeal everything after paragraph and substitute— "but does not include an election donation within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000), particulars of which are included in an election return in accordance with that Ordinance;".
4.	Independent Commission Against Corruption Ordinance (Cap. 204)	(a) In sections 10(1) and (2) and 12(b)(iii) and (vi), repeal "Corrupt and Illegal Practices Ordinance (Cap. 288)" wherever it appears and substitute "Elections (Corrupt and illegal Conduct) Ordinance (10 of 2000)". (b) In section 13(1)(d), repeal "or the Corrupt and Illegal Practices Ordinance (Cap. 288)".
5.	Hong Kong Arts Development Council Ordinance (Cap. 472)	Repeal section 3(6)(l)(ii) and substitute— "(ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or". or".
6.	Electoral Affairs Commission (Electoral Procedure) (Legislative Council) Regulation (Cap. 541 sub. leg.)	(a) In section 2(1), in the definition of "election expenses", repeal "Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)". (b) In section 26, repeal "return and declaration of election expenses of the candidate is to be open for inspection under section 29A of the Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "copy of the election return lodged by the candidate is available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)". (c) In section 52— (i) in subsection (1), repeal "committed the offence of personation" and substitute "engaged in corrupt conduct by impersonation"; (ii) in subsection (2), repeal "committed the offence of personation" and substitute "engaged in corrupt conduct by impersonation"; (iii) repeal subsection (4) and substitute— "(4) In this section, the reference to corrupt conduct by impersonation is to be construed as the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000).". (d) In section 96(2), repeal "Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "Elections (Corrupt and illegal Conduct) Ordinance (10 of 2000)". (e) In section 102(11), repeal "returns and declarations of election expenses of candidates are open for inspection under section 29A of the Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "copies of election returns lodged by candidates are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)". (f) In section (1) of Schedule 1, in the definition of "election expenses", repeal "Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "Elections (Corrupt and Illegal Conduct Ordinance (10 of 2000)".
		(g) In section 22 of Schedule 1, repeal "return and declaration of election expenses of the subsector candidate is to be open for inspection under section 29A of the Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "copy of the election return lodged by the subsector candidate is available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)." (h) In section 48 of Schedule 1— (i) in subsection (1), repeal "committed the offence of personation" and substitute "engaged in corrupt conduct by impersonation"; (ii) in subsection (2), repeal "committed the offence of personation" and substitute "engaged corrupt conduct by impersonation"; (iii) repeal subsection (4) and substitute— "(4) In this section, the reference to corrupt conduct by impersonation is to be construed as the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000).". (i) in section 86(2) of Schedule 1, repeal "Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "Elections (Corrupt and legal Conduct) Ordiniance (10 of 2000)". (j) In section 92(11) of Schedule 1, repeal returns and declarations of election expenses of candidates are available for inspection under section 29A(1) of the Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "copies of election returns lodged by subsector candidates are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)".
7.	Electoral Affairs Commission (Electoral Procedure) (District Councils) Regulation (Cap. 541 sub. leg.)	(a) In section 2(1), in the definition of election expenses", repeal "Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)". (b) In section 29, repeal "return and declaration of election expenses of the candidate is to be open for inspection under section 29A of the Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "copy of the election return lodged by the candidate is available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)". (c) In section 55— (i) in subsection (1) repeal "committed the offence of personation" and substitute "engaged in corrupt conduct by impersonation";
		(ii) in subsection (2), repeal "committed the offence of personation" and substitute "engaged in corrupt conduct by impersonation"; (iii) repeal subsection (4) and substitute— "(4) In this section, the reference to corrupt conduct by impersonation is to be construed as the corrupt conduct referred to in section 15 of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)". (d) In section 94(2), repeal "Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "Elections (Corrupt and illegal Conduct) Ordinance (10 cut 2000)". (e) In section 103(10), repeal "returns and declarations of election expenses of candidates are open for inspection under section 29A of the Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "copies of election returns lodged by candidates are available for inspection under section 41 of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)".
8.	Legislative Council Ordinance (Cap. 542)	(a) In section 3(1), repeal the definitions of "corrupt practice and illegal practice". (b) Repeal section 31(1)(c) and substitute— "(c) without limiting paragraph (a), where the election is to be held or is held within 3 years after the date of the person's conviction, is or has been convicted— (i) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (ii) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or". (c) Repeal section 39(1)(e) and substitute— (e) without limiting paragraph (b), where the election is to be held or is held within 5 years after the date of the person's conviction, is or has been convicted— (i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not for a term exceeding 3 months without the option of a fine; or (ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and illegal Conduct) Ordinance (10 of 2000); or
		(iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (iv) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or". (d) Repeal section 40(1)(b)(iii)(D) and substitute— "(D) being convicted— (I) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or (II) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (III) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541);" (e) Repeal section 53(5)(c) and substitute— "(c) without limiting paragraph (a), where the election is to be held or is held within 3 years after the date of the person's conviction, is or has been convicted— (i) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (iii) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or" (f) In section 61(1)(a)(ii), repeal "a corrupt or illegal practice and substitute "corrupt or illegal conduct". (g) In section 61(1)(a)(iii), repeal "practices were" and substitute "conduct was". (h) Repeal section 61(3) and substitute— "(3) In this section— "corrupt or illegal conduct" (舞弊或非法行為) means corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); "election (選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant Returning Officer.".
		(i) in section 67, add— "(7) If, at the end of the trial of an election petition, it appears to the Court that a specified person may have engaged in corrupt or illegal conduct at or in connection with the election, the Court is required to provide the Director of Public Prosecutions with a report giving details of the conduct.". (j) Repeal section 5(c) of Schedule 2 and substitute— "(c) without limiting paragraph (a), where the nomination is made within 3 years after the date of the person's conviction, is or has been convicted— (i) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (ii) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or". (k) In section 6 of Schedule 2, repeal "Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000)". (l) Repeal section 14(e) of Schedule 2 and substitute— (e) without limiting paragraph (c), where the Election Committee subsector election is to be held or is held within 3 years after the date of the person's conviction, is or has been convicted— (i) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (iii) of any offence prescribed by regulations in force under the Electoral Commission Ordinance (Cap. 541); or". (m) Repeal section 23(1)(d) of Schedule 2 and substitute— "(d) without limiting paragraph (b), where the Election Committee subsector election is to be held or is held within 3 years after the date of the person's conviction, is or has been convicted— (i) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000), or
		(ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (iii) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or".
9.	Legislative Council (Election Petition) Rules (Cap. 542 sub. leg.)	(a) In rule 11(3)— (i) repeals "a corrupt or illegal practice" and substitute "corrupt or illegal conduct"; (ii) repeal "practice" and substitute "conduct.". (b) In rule 21(3)— (i) in paragraph (a), repeal "a corrupt practice has not been proved to have been committed" and substitute "corrupt conduct has not been proved to have been engaged in"; (ii) in paragraph (b), repeal "corrupt practices being committed" and substitute "corrupt conduct being engaged in"; (iii) in paragraph (c), repeal "practices" where it twice occurs and substitute "conduct".
10.	District Councils Ordinance (Cap. 547)	(a) In section 2— (i) repeal the definition of corrupt practice" and substitute— ""corrupt conduct" (舞弊行為) means corrupt conduct engaged in in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (IO of 2000);"; (ii) repeal the definition of illegal practice and substitute— "illegal conduct" (非法行為) means illegal conduct engaged in in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000);". (b) Repeal section 14(1)(d) and substitute— "(d) without limiting paragraph (b), where the term of office is to begin within 5 years after the date of the person's conviction, has been convicted, or is convicted after the beginning of the term of office— (i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or (ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or (iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or
		(iv) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or". (c) Repeal section 19(1)(d) and substitute— "(d) without limiting paragraph (b), where the term of office is to begin within 5 years after the date of the person's conviction, has been convicted, or is convicted after the beginning of the term of office— (i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or (ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or (iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (iv) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or". (d) Repeal section 21(1)(e) and substitute— "(e) without limiting paragraph (b), where the election is to be held or is held within 5 years after the date of the person's conviction, is or has been convicted— (i) in Hong Kong or any other place, of an offence for which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or (ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); or (iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (iv) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or". (e) Repeal section 24(1)(d) and substitute— "(d) without limiting paragraph (b), after being elected, is convicted— (i) in Hong Kong or any other place, of an offence for which the
		person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or (ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000): or (iii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (iv) of any of offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or". (f) Repeal section 30(d) and substitute— "(d) without limiting paragraph (b), where the election is to be held or is held within 3 years after the date of the person's conviction, is or has been convicted— (i) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and illegal Conduct) Ordinance (10 of 2000); or (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or (iii) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541); or". (g) In section 49(1)(a)(ii) and (iii). repeal "a corrupt practice or an illegal practice" and substitute "corrupt or illegal conduct". (h) Repeal section 49(3) and substitute— (3) In this section— "corrupt or illegal conduct" (舞弊或非法行為) means corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (10 of 2000); "election (選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant Returning Officer." (i) In section 55 add— "(7) If, at the end of the trial of an election petition, it appears to the Court that a specified person may have engaged in corrupt or illegal conduct at or in connection with the election, the Court is required to provide the Director of Public Prosecutions with a report giving details of the conduct."
11.	District Councils (Election Petition) Rules (Cap. 547 sub. leg.)	(a) In rule 11(3)— (i) repeal "a corrupt practice or an illegal practice" and substitute "corrupt or illegal conduct"; (ii) repeal "the corrupt practice or the illegal practice" and substitute "the corrupt or illegal conduct". (b) In rule 21(3)— (i) in paragraph (a), repeal "a corrupt practice has not been proved to have been committed" and substitute "corrupt conduct has not been proved to have been engaged in"; (ii) in paragraph (b), repeal "corrupt practices being committed" and substitute "corrupt conduct being engaged in"; (iii) in paragraph (c), repeal "practices" where it twice occurs and substitute "conduct".