Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 60H

Recovery of payment of financial assistance

(1) Where a payment of financial assistance is made under this Part and the
recipient (whether a list of candidates or a candidate) is not entitled to
receive the whole or part of the amount paid—

   (a)  the Chief Electoral Officer shall give a written notice to the
        recipient requiring repayment of the whole or part, as the case may
        be, of the amount paid; and

   (b)  the recipient must repay the whole or part, as the case may be, of the
        amount paid, to the Government within 3 months after the date of the
        notice, in accordance with regulations in force under the
        Electoral Affairs  Commission Ordinance ( Cap 541).

(2) Any amount that is not repaid under subsection (1) may be recovered as a
civil debt due to the Government.

(3) For the purposes of subsections (1) and (2), any amount paid in respect of
a list of candidates consisting of more than one candidate, is taken to have
been paid jointly and severally to those candidates.

(4) If a person (including a candidate on a list of candidates) from whom an
amount is recoverable as a civil debt under subsection (2) dies before such
recovery, the estate of that candidate is liable to the extent of the deceased
candidate’s liability.

(5) In any proceedings for the purposes of subsection (2), a certificate
signed by the Chief Electoral Officer, stating, in relation to a payment of
financial assistance under this Part, the amount, the date and the recipient
of the payment is admissible as evidence of the matters stated in the
certificate. (Part VIA added 25 of 2003 s. 38)