Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 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

   (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.

(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.