CORRUPT AND ILLEGAL PRACTICES ORDINANCE

CORRUPT AND ILLEGAL PRACTICES ORDINANCE

1



1

LAWS OF HONG KONG

CORRUPT AND ILLEGAL PRACTICES

ORDINANCE

CHAPTER 288



REVISED EDITION 1987

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG







CHAPTER 288

CORRUPT AND ILLEGAL PRACTICES ORDINANCE

ARRANGEMENT OF SECTIONS

Section

PART 1

PRELIMINARY

1. Short title
2. Interpretation
3. Application of the Ordinance

Page

PART 11

CORRUPT PRACTICES

4.
5.
6.
7.
8.
8A. Bribery or intimidation in relation to standing as a candidate
8B. Corrupt offences in relation to election expenses

9. Incapacity of candidate reported guilty of corrupt practice

9A. Witness who is also party to offence not to be regarded as accomplice

Definition and punishment of corrupt practices at elections ...
Bribery ... ... Personation ... Treating ... ... Undue influence

10. 11. 12. 13. 14.
15. 16. 17. 18. 19.
20-2 1. [Repealed]
22. 23. 24. 24A.

PART 111

ILLEGAL PRACTICES

Definition and punishment of illegal practices at
elections

[Repealed] ... ... ... ... ...

Expenses incurred by unauthorized persons
Election expenses ... Voting offences ...
Publishing false statement of withdrawal ...
False statements concerning a candidate ...
False claim of support ... ... ... ... ... Corrupt
withdrawal from candidature ... Provisions
as to addresses, bills, notices, etc.

Offences in relation to nomination paper ... Offences in relation to
ballot papers ... ... Incapacity of candidate reported guilty of illegal
practice Witness who is also party to ofrence not to be regarded as
accomplice

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5
6
6
6
7
7
7

8
8
8
8
9

............ ... 9

9
10
10
10
11
11
11
12
12







Section

PARTIV

EXCUSE AND EXEMPTION FOR CORRUPT OR ILLEGAL PRACTICE

25. Report exonerating candidate in certain cases of corrupt and illegal practice by
agents ... ... ...

26. Power of Court to except innocent act from being illegal practices

PART V

ELECTION EXPENSES

27. [Repealed]
28.
29.

Saving of right of creditors ... ...
Declaration of election expenses ...
29A. Return and declaration to be kept by returning officer ...

Page

12
12

13
13
13
14





CHAPTER 288

CORRUPT AND ILLEGAL PRACTICES

For the prevention of corrupt and illegal practices at elections.

[10 June 1955.]

PART I

PRELIMINARY

Originally


1. This Ordinance may be cited as the Corrupt and Illegal Short title.

Practices Ordinance.

2. In this Ordinance, unless the context otherwise requires-interpretation.

'candidate' means a candidate for election to any body to which
this Ordinance is applied by section 3; (Amended, 65 of 1984,
s.30)

'Court' means the High Court; (Amended, 92 of 1975, s. 59)

'Designated Officer' has the meaning assigned to it in the Electoral (Cap. 367)
Provisions Ordinance; (Added, 65 of 1984, s. 30)

'election' means any election to any body to which this Ordinance is
applied by section 3;

'election agent' means a person appointed by a candidate in an
election as his election agent-

(a) under regulations made under section 28(d) of the Elec-
toral Provisions Ordinance; or

(b) under regulations made under section 28(d) of the
Legislative Council (Electoral Provisions) Ordinance; (Cap. 381)
(Replaced, 24 of 1985, s. 2)

'election petition' means an election petition under Part VI of the
Electoral Provisions Ordinance or Part VII of the Legislative
Council (Electoral Provisions) Ordinance; (Replaced, 65 of
1984, s. 30. Amended, 24 of 1985, s. 2)







'elector' has the meaning assigned to it in the Electoral Provisions
Ordinance or the Legislative Council (Electoral Provisions)
Ordinance; (Replaced, 65 of 1984, s. 130. Amended, 24 of
1985,s.2)
'representative member' has the meaning assigned to it in the
Regional Council Ordinance; (Added, 41 of 1985, s. 25) (Cap. 385)

'representative member' means a person elected as a representative
member for a District Board on the Regional Council or the

Urban Council;(Replaced, 84 of 1988, s. 17)





'returning officer' has the meaning assigned to it in the Electoral
Provisions Ordinance or the Legislative Council (Electoral
Provisions) Ordinance. (Replaced, 65 of 1984, s. 30. Amended, 24
of 1985, s. 2) 7

'voter' means any person who, whether his name does or does not
appear in the register of electors, applies to vote or votes at an
election to which this Ordinance is applied by section 3.

3. (1) This Ordinance shall apply to-

(a)the Urban Council and to any election to fill vacancies for
elected members of the Urban Council;

(aa) any District Board and to any election to fill vacancies for
elected members of any District Board; (Added, 42 of 1981, s.
27)

(ab) the Legislative Council and to any election to fill vacancies for
elected members of the Legislative Council; (Added, 24 of
1985, s. 3)

(ac) the Regional Council and to any election to fill vacancies for
elected members of the Regional Council; (Added, 41 of 1985,
s. 26)

(b)any other body and to any election of members of such body
to which this Ordinance may be applied by resolution of the
Legislative Council or by any Ordinance.

(2) This Ordinance shall not apply to the election by members of
a District Board of a representative member to the Regional

Council.
(Added, 41 of
1985, s. 26)

PART II

CORRUPT
PRACTICES

4. Any person who contravenes the provisions of section 5, 6, 7, 8,
8A or 8B shall be deemed to be guilty of a corrupt practice and shall be
liable- (Amended, 65 of 1984, s. 31)

(a) on summary conviction to a fine of $1,000 and to
imprisonment for 3 months;

(b) on conviction on indictment to a fine of $5,000 and to
imprisonment for 1 year,

and shall be incapable during a period of 7 years from the date of his
conviction of being registered as an elector or of voting at any election

5. No person shall directly or indirectly by himself or by any other
person on his behalf--

(a)give, lend or agree to give or lend, or offer, promise or promise
to procure or endeavour to procure, any money or





valuable consideration to or for any voter, or to or for any
person on behalf of any voter, or to or for any other person,
in order to induce any voter to vote or refrain from voting, or
on account of such voter having voted or refrained from
voting at any election;

(b)give or procure, or agree to give or procure, or offer, promise,
or promise to procure or endeavour to procure, any office,
place, or employment to or for any voter, or to or for any
person on behalf of any voter, or to or for any other person, in
order to induce such voter to vote or refrain from voting or on
account of any voter having voted or refrained from voting at
any election;

(e)make any such gift, loan, offer, promise, procurement, or
agreement as aforesaid, to or for any person, in order to
induce such person to procure or endeavour to procure the
return of any person to serve on any body to 'which this
Ordinance is applied by section 3, or the vote of any voter at
any election;

(d)upon or in consequence of any such gift, loan, offer, promise,
procurement, or agreement, procure, or engage, promise or
endeavour to procure the return of any person to serve on
any body to which this Ordinance is applied by section 3, or
the vote of any voter at any election;

(e)advance or pay, or cause to be paid, any money or valuable
consideration to or to the use of any other person with the
intent that such money or valuable consideration or any part
thereof shall be expended in contravention of the provisions
of paragraph (a);

before or during any election, directly or indirectly, by himself
or by any other person on his behalf, receive, agree or
contract for any money, gift, loan, or valuable consideration,
office, place or employment, for himself or for any other
person, for voting or agreeing to vote, or for refraining or
agreeing to refrain from voting at any election;

(g)after any election, directly or indirectly, by himself or by any
other person on his behalf, receive any money or valuable
consideration on account of any person having voted or
refrained from voting, or having induced any other person to
vote or refrain from voting at any election:

Provided that the provisions of paragraphs (a), (b), (e), (d) and (e)
shall not extend or be construed to extend to any money paid or agreed
to be paid for or on account of any legal expenses bona fide incurred at
or concerning any election.

6. Except where otherwise expressly provided by or under the
Legislative Council (Electoral Provisions) Ordinance, no person

shall at any election-(Amended, 24 of 1985, s. 4)





(a)apply for a ballot paper in the name of any other person,
whether that name be that of a person living or dead, or of
a fictitious person;

(b)having once voted at an election, apply at the same election
for a ballot paper in his own name.

7. No person shall, before, during or after any election,
directly or indirectly, by himself, or by any other person-
(a)corruptly give or provide, or pay wholly or in part the
expense of giving or providing any meal, drink, entertain-
ment or provision to or for any person for the purpose of
influencing that person or any other person to give or
refrain from giving his vote at the election, or on account
of such person or any other having voted or refrained from
voting at such election; or

(b)corruptly accept or take any such meal, drink, entertain-
ment or provision:

Provided that-
(i)the serving of non-alcoholic beverages incidental to. an
election meeting shall not of itself prima facie be deemed
corrupt within the meaning of this section; and
(ii) the serving of meals of any kind incidental to an election
meeting shall of itself prima facie be deemed corrupt within
the meaning of this section.

(Replaced, 9 of 1961, s. 3)

8. No person shall directly or indirectly by himself or by any
other person on his behalf make use of or threaten to make use of
any force, violence, or restraint, or inflict or threaten to inflict, by
himself or by any other person, any temporal or spiritual injury,
damage, harm, or loss upon or against any person in order to induce
or compel such person to vote or refrain from voting, or on account
of such person having voted or refrained from voting at any election,
or by abduction, duress, or any fraudulent device or contrivance
impede or prevent the free exercise of the franchise of any voter, or
thereby compel, induce, or prevail upon any elector either to give or
to refrain from giving his vote at any election.

8A. (1) No person shall directly or indirectly by himself or by
any other person on his behalf bribe or intimidate another person-
(a) to stand;
(b) to refrain from standing; or

(c) having been nominated as a candidate, to withdraw,
as a candidate at an election.

(2) For the purposes of this section-
(a)a person bribes another if he does any of those activities
referred to in section 5 in relation to a person standing as a
candidate;





(b)a person intimidates another if he does any of those activities
referred to in section 8 in relation to a person standing as a
candidate.

(Added, 65 of 1984, s. 32)

8B. No candidate or election agent and no person on behalf of a
candidate shall use money received for election expenses for any other
purposes.

(Added, 65 of 1984, s. 32)

9. (1) Where upon the hearing of an election petition it is found by
the certificate or report of the Court made in pursuance of the
appropriate section of the relevant Ordinance, that any corrupt practice
has been proved to have been committed in reference to the election
questioned by such petition by or with the knowledge and consent of
any candidate at such election, that candidate shall not, for 10 years
from the date of that certificate or report (as the case may be), be capable
of holding office as a member, officer, or servant of the body to which
such candidate sought election, and if he has been elected his election
shall be void; and he shall further be subject to the same incapacities as
if at the date of the said certificate or report he had been convicted of a
corrupt practice.

(2) Upon the hearing of an election petition in which a charge is
made of any corrupt practice having been committed in reference to the
election questioned by such petition, the Court shall report in writing to
the Chief Secretary in the case of an election to the Legislative Council
or to the Chief Secretary and to the Designated Officer in the case of any
other election whether any of the candidates at such election has been
guilty by his agents of any corrupt practice in reference to such election.
(Amended, 24 of 1985,s.5)

(3) If the report is that any candidate at such election has been
guilty by his agents of a corrupt practice in reference to such election,
that candidate shall be incapable of being elected to or of holding office
as a member, officer, or servant of the body to which such candidate
purported to be elected during a period of 10 years from the date of the
report, and if he has been elected, his election shall be void.

(4) For the purposes of subsections (2) and (3) a candidate shall
not be treated as being guilty by his agent of a corrupt practice if he
satisfies the court that such corrupt practice was committed without his
consent and that he took all steps as were necessary in the
circumstances to prevent it. (Added, 65 of 1984, s. 33)

(Amended, 65 of 1984, s. 33)

9A. Notwithstanding any rule of law or practice to the contrary, no
witness shall, in any proceedings for an offence under this Part, be
regarded as an accomplice by reason only of his being a party to the
corrupt practice giving rise to the proceedings.

(Added, 30 of 1976, s. 2)





PART III

ILLEGAL
PRACTICES

10. (1) Any person who contravenes the provisions of section 12(1),
13(2), 14, 15, 16(1) or (IA), 18, 19(1) or (2), 22 or 23 shallbe deemed to be
guilty 0 (Amended, 3 of 1982, s. 2; of 1987, s. 2)

(a) on summary conviction to a fine of $500 and to imprisonment
for 3
months;

(b) on conviction or indictment to a fine of $2,000 and to
imprisonment for

and shall be incapable during a period of 7 years form the date of
his conviction of being registered as an elector or voting at any election :

(Amended, 9 of 1961, s. 4)

Provided that no person shall be rendered incapable of being
registered as an elector or voting by reason only of da conviction in
respect of a contravention of any of the provisions of section 19(2).
(Added, 9 of 1961, s. 4)

(2) Any person who contravenes the provisions of section
17(1) or (2) shall be deemed to be guilty of an illegal practice and

shall be liable-

(a) on summary conviction to fine of $500

(b) on conviction on indictment to a fine of $2,000

and shall be incapable during a period of 7 years from the date of his
conviction of being registered as an elector or voting at any election.
(Added, 70 of 1987, s.2)

11. [Repealed, 65 of 1984, s. 35 ]


12. (1) No person other than a candidate or the election agent of a
candidate shall incur any expenses for the purpose of promoting or
procuring the election of any candidate at an election, unless he is
authorized in writing to do so by such candidate or election agent.
(Amended, 65 of 1984, s. 36)

(2) Any expenses incurred on account of any such purpose as
aforesaid by any agent of the candidate shall be duly returned as part of
the candidate's election expenses.

13. (1) The Governor in Council may by order prescribe the
maximum scale of election expenses which may be incurred by or on
behalf of a candidate.

(2) Subject to such exceptions as may be allowed in pursuance of
this Ordinance, no sum shall be paid and no expense shall be incurred
by or on behalf of a candidate at an election, whether





before, during, or after an election, on account of or in respect of the
conduct or management of such election or for the purpose of promoting
or procuring the election of any candidate at an election in excess of the
maximum scale of election expenses prescribed by the Governor in
Council.

14. (1) No person shall vote or induce or procure any person to
vote at an election--


(a)knowing that he or such person is prohibited or disqualified
from voting, or is not entitled to vote, at that election, whether
by virtue of this Ordinance or any other

enactment;

more than once in the same constituency at that election; or

(c) in more than one constituency at that election.

(IA) Subsection (1)(c) shall not apply to any election to the
Legislative Council. (Added, 24 of 1985, s. 7)

(2) For the purposes of this section a person who has applied for a
ballot paper for the purpose of voting at an election shall be deemed to
have voted, but a person to whom regulations (concerning spoilt ballot
papers) made under

(a) section 28(e) of the Electoral Provisions Ordinance; or

(b)section 28(f) of the Legislative Council (Electoral Provisions)
Ordinance,

applies shall not be deemed to have voted more than once if he acts in
exercise of his rights under those regulations. (Replaced, 24 of 1985,s.
7)

(Replaced, 65 of 1984, s. 37)

15. No person shall before or during any election knowingly
publish a false statement of the withdrawal of a candidate at such
election for the purpose of promoting or procuring the election of
another candidate.

16. (1) No person shall before or during any election for the
purpose of affecting the return of any candidate at such election, make
or publish any false statement of fact in relation to the personal
character, qualifications or conduct of such candidate: (Amended, 65 of
1984, s. 38)

Provided that no person shall be deemed to be guilty of a
contravention of this section if he can show that he had reasonable
grounds for believing and did believe, the statement made by him.

(IA) No candidate shall before or during any election for the
purpose of promoting or procuring his election at such election, wilfully
make or publish any false statement of fact in relation to himself
including, but without prejudice to the generality thereof, his

character, qualifications or conduct.(Added, 65 of 1984, s. 38)





(2) Where a body corporate is guilty of a contravention of
subsection (1), every person who, at the time of such contravention,
was a director or officer of the body corporate shall be deemed to be
guilty of a contravention of the subsection unless he proves that the
contravention was without his knowledge or that he exercised all
due diligence to prevent the contravention.

(3) Any person who shall make or publish any false statement
of fact in contravention of subsection (1) or (IA) may be restrained
by interim or perpetual injunction by the Court from any repetition
of such false statement or any false statement of a similar character
in relation to such candidate, and for the purpose of granting an
interim injunction prima facie proof of the falsity of the statement
shall be sufficient. (Amended, 24 of 1985, s. 8)

17. (1) No candidate shall, without reasonable excuse, before
or during any election for the purpose of promoting or procuring his
election at such election use or publish in any form whatsoever the
name or device of any person or organization, or a name or device
which is substantially similar to the name or device of any person or
organization, in such a way as to infer, or to be likely to cause,
encourage or persuade any elector to believe, that that candidate has
the support of that person or organization unless that candidate or
his election agent has obtained or received from that person or
organization his or its prior consent or permission in writing to such
use or publication of that name or device in connection with the
election.

(2) No person shall, without reasonable excuse, include or
cause to be included in any address, bill, notice, placard or poster
referred to in section 19 the name or device of any person or
organization, or a name or device which is substantially similar to
the name or device of any person or organization, in such a way as to
infer, or to be likely to cause, encourage or persuade any elector to
believe, that any candidate has the support of that person or
organization unless that candidate or his election agent has received
or obtained from that person or organization his or its prior consent
or permission in writing to such inclusion of that name or device in
that address, bill, notice, placard or poster.

(3) For the purposes of this section, oral consent or permission
obtained from any person or organization referred to in subsection
(1) or (2) shall not constitute a reasonable excuse.
(Added, 70 of 1987, s. 3)

18. No person shall withdraw from being a candidate at an
election in consideration of any payment or reward or promise of
payment or reward by any other person.
(Amended, 65 of 1984, s. 39)

19. (1) No person shall print, publish, exhibit, distribute or
post up or cause to be printed, published, exhibited, distributed or
posted up, any address, bill, notice, placard, or poster having






reference to an election which, in the case of printed matter, fails to
bear, in the English or Chinese language, the name and address of
the printer together with the date of printing and the number of
copies printed. (Amended, 9 of 1961, s. 5 and 65 of 1984, s. 40)

(2) Any person who publishes, exhibits, distributes or posts up or
causes to be published, exhibited, distributed or posted up any address,
bill, notice, placard or poster having reference to an election shall, not
later than 7 days after the publication, exhibition, distribution or posting
up thereof, deposit with the returning officer 2 copies of such address,
bill, notice, placard or poster, as the case may be. (Replaced, 9 of 1961,
s. 5)

(3) Each address, bill, notice, placard or poster deposited with the
returning officer in accordance with subsection (2) shall be retained by
him until the expiration of 6 months after the date upon which the
election to which such address, bill, notice, placard or poster relates and
may thereafter be destroyed. (Replaced, 9 of 1961, s. 5)

(4) [Deleted, 5 of 1980, s. 21

(5) For the purposes of this section

'printed material' includes material reproduced by any method of
multiplying copies except by means of carbon copies reproduced
by manuscript or by typewriter manipulated by hand;

'printer' includes any person producing such printed material.

(Added, 9 of 1961, s. 5)

20-21. [Repealed, 65 of 1984, s. 41]

22. No person shall fraudulently deface or attempt to deface or
fraudulently destroy or attempt to destroy any nomination paper.

23. No person shall-

(a)fraudulently deface or fraudulently destroy any ballot paper; or
(Amended, 65 of 1984, s. 42)

(b)without due authority supply a ballot paper to any person; or

(c)fraudulently put into a ballot box any paper other than the
ballot paper which he is authorized by law to put in; or

(d)fraudulently take out of the polling station any ballot paper; or

(e)without due authority destroy, take, open or otherwise
interfere with any ballot box or packet of ballot papers then in
use for the purposes of an election; or

(f)fraudulently or without due authority, as the case may be,
attempt to do any of the foregoing acts.





24. Where upon the hearing of an election petition it is found by
the certificate or report of the Court made in pursuance of the relevant
Ordinance that any illegal practice has been proved to have been
committed in reference to the election questioned by such petition by or
with the knowledge and consent of any candidate at such election, the
candidate shall be incapable of being elected to or holding office as a
member, officer or servant of the body in respect of which the election
was held during a period of 3 years from the date of the report.

24A. Notwithstanding any rule of law or practice to the contrary,
no witness shall, in any proceedings for an offence under this Part, be
regarded as an accomplice by reason only of his being a party to the
illegal practice giving rise to the proceedings.

(Added, 30 of 1976, s. 3)

PART IV

EXCUSE AND EXEMPTION FOR CORRUPT OR ILLEGAL
PRACTICE

25. Where, upon the trial of an election petition, the Court reports
that a candidate at the election questioned by the petition has been
guilty by his agents of a corrupt practice or of an illegal practice, in
relation to such election, and the Court further reports that the
candidate has proved to the Court

(a)that no corrupt or illegal practice was committed at such
election by the candidate or with his knowledge and consent,
and the offences mentioned in the said report were committed
without the sanction or connivance of such candidate; and

(b)that all reasonable means for preventing the commission of
corrupt or illegal practices at such election were taken by and
on behalf of the candidate; and

(e)that the offences mentioned in the said report were of a trivial,
unimportant and limited character; and

(d)that in all other respects the election was free from any
corrupt or illegal practice on the part of the candidate and of
his agents,

then the election of such candidate shall not, by reason of the offences
mentioned in such report, be void, nor shall the candidate be subject to
any incapacity under this Ordinance or any other enactment.

26. Where, on application made by a candidate at an election, it is
shown to the Court by such evidence as seems to the Court sufficient

(a) 'that any act or omission of such candidate candidate or of any
agent or other person, would, by reason of being in
contravention of any of the provisions of this Ordinance, be,
but for this section, an illegal practice; and





(b)that such act or omission arose from inadvertence or from
accidental miscalculation or from some other reasonable cause
of a like nature, and in any case did not arise from want of
good faith; and

(c)that such notice (if any) of the application has been given in
Hong Kong as to the Court seems fit; and (Amended, 65 of
1984, s. 43)

(d)that in the circumstances it seems to the Court to be just that
the said candidate, agent and person, or any of them, should
not be subject to any of the consequences under this
Ordinance of the said act or omission,

the Court may make an order allowing such act or omission to be an
exception from the provisions of this Ordinance which would otherwise
make the same an illegal practice, and thereupon such candidate, agent,
or person shall not be subject to any of the consequences under this
Ordinance or any other enactment of the said act or omission.

PART V

ELECTION
EXPENSES

27. [Repealed, 65 of 1984, s. 44]

28. The provisions of this Ordinance prohibiting certain payments
and contracts for payments, and the payment of any sum, and the
incurring of any expense, in excess of a certain maximum, shall not affect
the right of any creditor who, when the contract was made or the
expense was incurred, was ignorant of the same being in contravention
of this Ordinance.

29. (1) Subject to subsections (7) and (8), within 30 days of the
publication in the Gazette of the result of an election every candidate at
such election shall send to the returning officer a return of his election
expenses and accompanying declaration in such form as may be
specified from time to time by the Deputy Chief Secretary for that
purpose. (Amended, 70 of 1987, s. 4)

(2) Any return of election expenses submitted under this section
shall contain an accurate account of all expenses incurred by the
candidate and by any person employed or engaged by him in respect of
the management of the election, vouched (except in the case of sums
under $50) by bills stating the particulars and by receipts.

(3) Subject to subsection (4), any candidate who fails to comply
with subsection (1) or (2) shall be guilty of an offence and liable to a
fine of $1,000.

(4) A candidate shall not be convicted of an offence under
subsection (3) in respect of any failure to comply which is made the
subject of an order under subsection (8).





(5) Any candidate who knowingly makes a false statement in any
declaration made under subsection (1) or subsection (8) shall be deemed
to be guilty of a corrupt practice and shall be guilty of an offence and
liable to a fine of $5,000 and to imprisonment for 1 year.

(6) Any candidate convicted of an offence under subsection (5)

shall be incapable during the period of 7 years from the date of his
conviction of being registered as an elector or of voting at any
election.

(7) A candidate who fails to comply with subsection (1) or (2) may
apply to the Court for an order permitting the return and declaration to
be sent to the returning officer within such period as to the Court seems
just or an order to enable the candidate to correct any error or false
statement in the return or declaration on the grounds that the failure to
make the return and declaration, or either of them, or any error or false
statement therein has arisen by reason of his illness or absence or of the
absence, death, illness, or misconduct of any agent, clerk, or officer, or
by reason of inadvertence, or of any reasonable cause of a like nature,
and not by reason of want of good faith on the part of the applicant.

(8) The Court may, after reasonable notice of the application and
on production of such evidence of the grounds stated in the application
and of the good faith of the applicant as to the Court seems fit, make an
order referred to in subsection (7).

(9) An order under subsection (8) may be conditional upon
compliance with such terms as to the Court seem calculated for carrying
into effect the objects of this Ordinance.

(10) A candidate who fails to comply with an order under subsection
(8) shall be guilty of an offence and liable to a fine of $2,000

(11) Any candidate who sits or votes in any body to, which he has
been elected after the expiry of the period of 30 days mentioned in
subsection (1) or such further or other period as may be specified in any
order under subsection (8) and without having sent to the returning
officer the return and declaration shall be guilty of an offence and liable
to a fine of $500 for every day after such expiry on which he so sits or
votes in such body.

(Replaced, 65 of 1984, s. 45)

29A. (1) The return and declaration sent to the returning officer
shall be kept at his office, and shall, at all reasonable times during the 12
months next after they are received by him, be open to inspection by
any person on payment of the fee of $5, and the returning officer shall,
on demand, furnish copies thereof or of any part thereof at the price of
$2 for every page.

(2) After the expiration of the said 12 months the returning officer
may cause the return and declaration to be destroyed, or, if the
candidate so requires, shall return the same to him.





(3) In this section 'return and declaration' means the return
of election expenses and accompanying declaration referred to in
section 29.

(Added, 65 of 1984, s. 45)
Originally 20 of 1955. 9 of 1961. 12 of 1966. 92 of 1975. 30 of 1976. 5 of 1980. 42 of 1981. 3 of 1982. 65 of 1984. 24 of 1985. 41 of 1985. 70 of 1987. Short title. Interpretation. (Cap. 367.) (Cap. 381.) (Cap. 385.) (Cap. 367.) (Cap. 381.) Application of the Ordinance. Definition and punishment of corrupt practices at elections. Bribery. Personation. (Cap. 381.) Treating. Undue influence. Bribery or intimidation in relation to standing as a candidate. Corrupt offences in relation to election expenses. Incapacity of candidate reported guilty of corrupt practice. Witness who is also party to offence not to be regarded as accomplice. Definition and punishment of illegal practices at elections. Expenses incurred by unauthorized persons. Election expenses. Voting offences. (Cap. 367.) (Cap. 381.) Publishing false statement of withdrawal. False statements concerning a candidate. False claim of support. Corrupt withdrawal from candidature. Provisions as to addresses, bills, notices, etc. Offences in relation to nomination paper. Offences in relation to ballot papers. Incapacity of candidate reported guilty of illegal practice. Witness who is also party to offence not to be regarded as accomplice. Report exonerating candidate in certain cases of corrupt and illegal practice by agents. Power of Court to except innocent act from being illegal practices. Saving of right of creditors. Declaration of election expenses. Return and declaration to be kept by returning officer.

Originally 20 of 1955. 9 of 1961. 12 of 1966. 92 of 1975. 30 of 1976. 5 of 1980. 42 of 1981. 3 of 1982. 65 of 1984. 24 of 1985. 41 of 1985. 70 of 1987. Short title. Interpretation. (Cap. 367.) (Cap. 381.) (Cap. 385.) (Cap. 367.) (Cap. 381.) Application of the Ordinance. Definition and punishment of corrupt practices at elections. Bribery. Personation. (Cap. 381.) Treating. Undue influence. Bribery or intimidation in relation to standing as a candidate. Corrupt offences in relation to election expenses. Incapacity of candidate reported guilty of corrupt practice. Witness who is also party to offence not to be regarded as accomplice. Definition and punishment of illegal practices at elections. Expenses incurred by unauthorized persons. Election expenses. Voting offences. (Cap. 367.) (Cap. 381.) Publishing false statement of withdrawal. False statements concerning a candidate. False claim of support. Corrupt withdrawal from candidature. Provisions as to addresses, bills, notices, etc. Offences in relation to nomination paper. Offences in relation to ballot papers. Incapacity of candidate reported guilty of illegal practice. Witness who is also party to offence not to be regarded as accomplice. Report exonerating candidate in certain cases of corrupt and illegal practice by agents. Power of Court to except innocent act from being illegal practices. Saving of right of creditors. Declaration of election expenses. Return and declaration to be kept by returning officer.

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