Page:Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).pdf/11

(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