Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 16

Corrupt conduct with respect to voting at elections

(Past version on 21/09/2001).
(Past version on 03/03/2000).

(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

   (c)  except as expressly permitted by an electoral law-

        (i)    in the case of an election referred to in section 4(a), votes
               at the election more than once in the same round of voting;
               (Replaced 21 of 2001 s. 79)

(ia) in the case of an election referred to in section 4(i) or (j), votes at
the election more than once; (Added 2 of 2003 s. 68)

        (ii)   in the case of an election referred to in any other paragraph
               of section 4- (A) votes at the election more than once in the
               same constituency; or (B) votes at the election in more than
               one constituency. (Replaced 21 of 2001 s. 79)

(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

   (c)  except as expressly permitted by an electoral law-

        (i)    in the case of an election referred to in section 4(i) or (j),
               to vote at the election more than once; (Replaced 2 of 2003 s.
               68)

        (ii)   in the case of an election referred to in any other paragraph
               of section 4- (A) to vote at the election more than once in the
               same constituency; or (B) to vote at the election in more than
               one constituency. (Replaced 2 of 2003 s. 68)

(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.