Elections (Corrupt and Illegal Conduct) Bill

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.

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 Conduct) 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

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

(e) the performance 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 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 a member or members of the Legislative Council or a District Council, the Chief Electoral Officer; and

(b) 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;

"candidate" (候選人)---

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

"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 ( of 1999);

"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

(d) any other form of publication, that has the effect 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 group of candidates at an election, means---

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

(b) any goods given to or in respect of the candidate or group for the purpose of facilitating or promoting the election campaign of the candidate or group; or

(c) any service provided free of charge to or in respect of the candidate or group by a person whose occupation involves the provision of that kind of 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 36;

"elector" (選民)---

(a) 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

(b) 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

(c) 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 ( of 1999); and

(d) 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

(e) 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;

"electoral law" (選舉法) means---

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

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

"electoral officer" (選舉事務主任) means---

(a) the Chief Electoral Officer; or

(b) a 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" (組織) 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 for a Legislative Council constituency, means a Returning Officer appointed for the constituency under section 78 of the Legislative Council Ordinance (Cap. 542); and

(b) in relation to an election for a constituency of a District Council, means a Returning Officer appointed for the constituency under section 73 of the District Councils Ordinance ( of 1999); and

(c) 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

(d) 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;

"Rural Committee" (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.

3. Objects of this Ordinance

The objects of this Ordinance are---

(a) to ensure that, as far as practicable, elections to elect persons to membership of the Legislative Council, District Councils and certain other public bodies 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) to 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) a general election to elect the Members of the Legislative Council;

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

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

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

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

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

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) if tried 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 election 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---

(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

(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

(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

(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

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

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

(ii) having been nominated as a candidate at the election, to withdraw the nomination; 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

(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 at the election; or

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

(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 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.

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 in 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 as a candidate at the election, to withdraw the nomination.

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 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

(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 at 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 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 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.

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

(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

(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

(d) without lawful authority, destroys, defaces, takes, opens or otherwise interferes with a ballot box or with ballot papers then 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 other than that of meeting, or contributing towards meeting, the candidate's election expenses engages in corrupt conduct at an election.

19. How candidate must dispose of certain election donations

(1) A candidate must, on receiving an election donation of $500 or more or, in the case of an election donation consisting of goods or a service, of $500 or more in value, issue to the donor a receipt for the donation. The receipt must specify the name and address of the donor.

(2) If an election donation of $500 or more or, in the case of an election donation consisting of goods, of $500 or more in value, is given to a candidate or an agent of the candidate and the candidate does not know the identity of the donor, the candidate must ensure that---

(a) the donation is not used for the purpose of meeting the candidate's election expenses; and

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

(3) If---

(a) an election donation of money or goods has been given to or for a candidate and the name and address of the donor are known to the candidate or to an agent of the candidate; and

(b) the donation has not been used to meet or contribute towards meeting the candidate's election expenses, the candidate must, subject to subsection (4), ensure that the donation is either returned to the donor or disposed of in accordance with the donor's instructions.

(4) If, in the case of an election donation referred to in subsection (3)---

(a) the donor fails within a reasonable period to give instructions as to how the donation is to be disposed of; or

(b) the donor has died or is not in Hong Kong; or

(c) for any other reason it is not possible to return the donation to the donor or to dispose of it in accordance with the donor's instructions, the candidate must ensure that the donation is given to a charitable institution or trust of a public character chosen by the candidate.

(5) If---

(a) an election donation given to or for a candidate is less than $500 or, in the case of an election donation consisting of goods, is less than $500 in value and the name and address of the donor are unknown to the candidate or an agent of the candidate; and

(b) the donation is not used to meet or contribute towards meeting the candidate's election expenses, the candidate must ensure that the donation is given to a charitable institution or trust of a public character chosen by the candidate.

(6) If the aggregate of all election donations (excluding donations of services) given to or for a particular candidate or a particular group of candidates exceeds the maximum amount prescribed under section 44, the candidate or the candidates belonging to the group must, except as provided by subsection (7), ensure that the excess is either returned to the donors or disposed of in accordance with the instructions of the donors.

(7) If, in the case of an election donation, or a part of an election donation, that forms part of the excess referred to in subsection (6)---

(a) the donor---

(i) fails within a reasonable period to give instructions as to how the donation or the part of the donation is to be disposed of; or

(ii) has died or is not in Hong Kong; or

(iii) cannot be identified; or

(b) for any other reason it is not possible to return the donation or part to the donor or to dispose of it in accordance with the donor's instructions, the candidate, or the candidates belonging to the group, must ensure that the donation or part is given to a charitable institution or trust of a public character chosen by the candidate or those candidates.

(8) A candidate engages in corrupt conduct at an election if the candidate---

(a) fails to comply with subsection (1) or (2)(a); or

(b) fails to comply with any other requirement of this section before the time when the candidate's election return for the election is lodged in accordance with section 36.

(9) 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 36, 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 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 a reward to another person for having withdrawn or agreed to withdraw an election petition or an election appeal; or

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

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

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

(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 44.

(2) If regulations under section 44 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.

(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.

(3) In proceedings for an offence under this section, it is a defence for the defendant to prove that, before the publication of the election advertisement, the affected person or organization consented in writing to the inclusion of the name, logo or pictorial representation concerned.

(4) For the purposes of subsection (3), it is sufficient for the defendant to prove that---

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

(b) the defendant believed on reasonable grounds that the officer had authority to give the consent.

(5) 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.

(6) 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.

(7) 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.

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

(9) In this section, "support" (支持), in relation to a person or an organization, includes support for
the policies or activities of the person or organization.

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

(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 is 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) 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 in 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 agent engaged in the conduct without the candidate's consent; and

(b) either---

(i) the candidate was not aware, and could not be reasonably expected to be aware, of the agent's conduct; or

(ii) if the candidate was or ought to have been aware of the agent's conduct, the candidate took all reasonable steps necessary to prevent the agent from engaging in the conduct.

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---

(i) was not aware of the conduct; or

(ii) if aware of the conduct, did not consent to or connive at it; and

(b) the conduct was of a trivial nature; and

(c) the candidate took all 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 in connection with 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 some other 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) The publication of an election advertisement in contravention of section 34(1) or (4) is taken to be illegal conduct for the purposes of this section.

32. Witness who is party to corrupt or illegal conduct not to be regarded as 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" (現任議員候選人) means---

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

(b) a serving member of a District Council or a Provisional District Board; or

(d) a serving Chairman, Vice-Chairman or member of the Executive Committee of a Rural Committee, who is seeking re-election to the same body or election to another 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) a serving Member of the Legislative Council; or

(b) a serving member of a District Council or a Provisional District Board; or

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

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

"registered local newspaper" (註冊本地報刊) means 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

(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, before 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

(4) A person must not publish a printed election advertisement unless 2 copies of the advertisement have been lodged with the appropriate returning officer.

(5) 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.

(6) 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.

(7) Any person who authorizes the publication of an election advertisement is taken to have published the advertisement for the purposes of this section.

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

PART 6

Election Returns

35. 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 membership of the Legislative Council or a District Council, the date on which the result of the election is notified in the Gazette; and

(b) 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.

36. 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 within 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 39; 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 $500 or more or, in the case of an election donation consisting of goods or a service, of $500 or more 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 such a 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, 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.

37. Offence to fail to lodge election return

(1) A candidate who fails to lodge an election return as required by section

36 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 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 36 if---

(a) the failure is the subject of an order made under section 39; and

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

(3) 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.

38. Offence to participate in affairs of body if no election return is lodged

(1) A person commits an offence if, having been elected to the Legislative Council or some other body to which this Ordinance applies, the person participates in the affairs of the Council or body as a member without having lodged an election return as required by section 36.

(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 participates as a member of the Legislative Council or body without having lodged an election return as required by section 36.

39. Court may grant relief to candidate in certain circumstances

(1) A candidate who has failed to lodge an election return as required by section 36 within 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 failure to lodge an election return as required by section 36 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

(d) some other 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

(5) 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.

(6) 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.

(7) A candidate who is convicted of an offence under subsection (6) is subject to the same disqualifications as a person convicted of having engaged in illegal conduct.

40. 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 36.

(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

41. 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.

42. Attempts to be treated as complete offences

A person who, with the relevant knowledge or intent, attempts to do an act that constitutes an offence against this Ordinance is taken to have committed the offence.

43. 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.

44. 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.

45. Repeal of Corrupt and Illegal Practices Ordinance

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

46. 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.

SCHEDULE [s. 46]

Consequential Amendments to Other Ordinances

Item Enactment Amendment

1. Provisional Urban Council Ordinance (Cap. 101) Repeal section 10A(1)(l)(ii) and substitute---

"(ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance ( of 1999); or".

2. Prevention of Bribery Ordinance (Cap. 201) In section 2(1), in the definition of "advantage" , repeal everything after paragraph (f) and substitute---

"but does not include an election donation within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance ( of 1999), particulars of which are included in an election return in accordance with that Ordinance;".

3. 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 ( of 1999)".

(b) In section 13(1)(d), repeal "or the Corrupt and Illegal Practices Ordinance (Cap. 288)".

4. Provisional Regional Council Ordinance (Cap. 385) Repeal section 11(1)(l)(ii) and substitute---

"(ii) of having engaged in corrupt or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance ( of 1999); or".

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 ( of 1999); or".

6. 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 ( of 1999); 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".

"(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 ( of 1999); 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 ( of 1999); 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 ( of 1999); 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 ( of 1999);

"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, during the trial of an election petition, it appears to the Court that a specified person may have engaged in corrupt or illegal conduct in relation to 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

(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".

(k) In section 6 of Schedule 2, repeal "Corrupt and Illegal Practices Ordinance (Cap. 288)" and substitute "Elections (Corrupt and Illegal Conduct) Ordinance ( of 1999)".

(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 ( of 1999); 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".

(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 ( of 1999); 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".

7. District Councils Ordinance ( of 1999) (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 ( of 1999);";

(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 ( of 1999);".

(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 ( of 1999); 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".

(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

(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 ( of 1999); 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 ( of 1999); 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".

(f) Repeal section 29(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 ( of 1999); 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 47(1)(a)(ii) and (iii), repeal "a corrupt practice or an illegal practice" and substitute "corrupt or illegal conduct".

(h) Repeal section 47(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 ( of 1999);

"election" (選舉) includes nomination proceedings and the decisions of the Returning Officer or any
Assistant Returning Officer.".

(i) In section 53, add---

Part 1 contains provisions specifying the short title to the proposed Ordinance and providing for the date or dates on which the various provisions of the proposed Ordinance are to come into operation. The Part also defines the terms used in the proposed Ordinance and specifies the kinds of elections to which the proposed Ordinance applies.

2. Part 2 contains provisions prohibiting specified corrupt conduct at elections. It will be an offence, triable either before a magistrate or before the District Court or the Court of First Instance, for a person to engage in corrupt conduct at an election. It is corrupt conduct for a person---

. to bribe people to stand or not to stand as candidates at an election or to withdraw their candidature, or

. to use force, threats or deceit against people to induce them to stand or not to stand as candidates at an election or to withdraw their candidature, or

. to destroy or deface completed or partly completed nomination papers, or

. to bribe people to vote at an election for a particular candidate or particular candidates, or not to vote at an election or not to vote for a particular candidate or particular candidates, or

. to provide electors with food, drink or entertainment at an election, or

. to use force, threats or deceit on people to induce them to vote for a particular candidate or particular candidates, or not to vote at an election or not to vote for a particular candidate or particular candidates, or

. to impersonate an elector at an election, or

. to engage in irregular voting activities, such as voting in more than one geographical constituency or voting more than once at an election in the same constituency, or

. to destroy or deface ballot papers, or

. to withdraw an election petition or an election appeal for an improper reason, or

. to lodge an election return containing false or misleading information, or

. to use election donations for a purpose other than that of meeting or contributing towards meeting a candidate's election expenses. The maximum penalty that can be imposed on a person convicted of having engaged in corrupt conduct at an election will be a fine of $200,000 and imprisonment for 3 years if the person is dealt with summarily before a magistrate and a fine of $500,000 and imprisonment for 7 years if the person is tried on indictment before a higher court.

3. Part 3 contains provisions prohibiting specified illegal conduct at elections. It will be an offence, triable either before a magistrate or before the District Court or the Court of First Instance, for a person to engage in illegal conduct at an election. It is illegal conduct---

. for a person, other than a candidate or an election expense agent, to incur election expenses at or in connection with an election, or

. for an election expense to be incurred at or in connection with an election that exceeds the maximum amount prescribed by the Chief Executive in Council, or

. for a person to publish a false statement to the effect that a person is a candidate, or is no longer a candidate, at an election, or

. for a person to make false statements about a candidate, or

. for a person to claim that a person or an organization is supporting a candidate at an election without the permission of the person or organization. The maximum penalty that can be imposed on a person convicted of having engaged in illegal conduct at an election will be a fine of $50,000 and imprisonment for 1 year if the person is dealt with summarily before a magistrate and a fine of $200,000 and imprisonment for 3 years if the person is tried on indictment before a higher court.

4. Part 4 empowers the Court of First Instance, when hearing a petition that questions the validity of an election, to declare a candidate at the election to be elected despite irregularities committed at the election by the candidate's agents. However, the Court will only be able to make such a determination if the candidate did not know of the irregularities or, if the candidate did know of them, did not consent to or connive at them. The Part will also allow the Court to exculpate candidates, candidates' agents and other persons who have been involved in the commission of illegal conduct at an election from the penalties and disqualifications that might otherwise be imposed on them because of their involvement.

5. Part 5 regulates electoral advertising. The Part will make it an offence for a person to publish printed election advertisements that fail to show, in English or Chinese, the name and address of the printer, the date of printing, and the number of copies printed.

6. Part 6 requires each candidate at an election to lodge with the appropriate authority for the election an election return (statement) setting out the amounts that have been spent by or on behalf of the candidate at the election and the amounts of election donations given to or in respect of the candidate in connection with the election. Returns lodged under that Part are required to be kept for about 12 months after the publication of the result of the election to which they relate and are to be made available for public inspection and copying on payment of a small copying fee.

7. Part 7---

. provides that, if a corporation commits an offence against the proposed Ordinance, a person who is concerned in the management of the corporation will also, except in specified circumstances, liable to be found guilty of the offence,

. treats an attempt to commit an offence against the proposed Ordinance in the same way as if the offence had been committed,

. provides for the rights of creditors of candidates and their agents not to be affected by innocent contraventions of the proposed Ordinance,

. empowers the Chief Executive in Council to fix maximum amounts that may be incurred at elections by or on behalf of candidates or groups of candidates,

. provides for the repeal of the Corrupt and Illegal Practices Ordinance (Cap. 288), and

. provides for the consequential amendment of the Legislative Council Ordinance (Cap. 542) and certain other Ordinances.