ELECTIONS (CORRUPT AND ILLEGAL
CONDUCT) ORDINANCE
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.
