Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 19

How candidate must dispose of certain election donations

(Past version on 03/03/2000).

(1) A candidate or candidates must, on receiving an election  donation of more
than $1000 or, in the case of an election donation consisting of goods or a
service, of more than $1000 in value, issue to the donor a receipt for the
donation. The receipt must specify the name and address of the donor as
supplied by the donor.

(2) If an election donation of more than $1000 or, in the case of an
election donation consisting of goods, of more than $1000 in value, is given
to or for a candidate or candidates and the candidate or candidates do not
know the name and address of the donor, the candidate or candidates must
ensure that the donation-

   (a)  is not used-

        (i)    for the purpose of meeting, or contributing towards meeting,
               the election expenses of the candidate or any of the
               candidates; or

        (ii)   in the case of an election donation consisting of goods, for
               the purpose of promoting the election of the candidate or any
               of the candidates or of prejudicing the election of another
               candidate or other candidates; and

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

(3) If an election donation of money or goods has been given to or for a
candidate or candidates and the donation-

   (a)  has not been used-

        (i)    for the purpose of meeting, or contributing towards meeting,
               the election expenses of the candidate or candidates; or

        (ii)   in the case of an election donation consisting of goods, for
               the purpose of promoting the election of the candidate or
               candidates or of prejudicing the election of another candidate
               or other candidates; or

   (b)  is not used in the case referred to in subsection (2), the candidate
        or candidates must ensure that the donation is given to a
        charitable institution or trust of a public character chosen by the
        candidate or candidates.

(4) If the aggregate of all election donations given to or for a particular
candidate or a particular group of candidates exceeds the maximum amount
prescribed under section 45, the candidate or the candidates belonging to the
group must ensure that the excess (not including election donations of
services) is given to a charitable  institution or trust of a public character
chosen by the candidate or those candidates.

(5) If an election donation is received by a candidate or candidates, the
candidate or each of the candidates engages in corrupt conduct at an election
if-

   (a)  the candidate or candidates fail to comply with subsection (1) or (2);
        or

   (b)  the candidate or candidates fail to comply with any other requirement
        of this section before the time when the candidate's or each
        candidate's election return for the election is lodged in accordance
        with section 37.

(6) In this section, "charitable institution or trust of a public character"
(屬公共性質的慈善機構或慈善信託) 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). (Amended 12 of
2004 s.28)

"charitable institution or trust of a public character"
(屬公共性質的慈善機構或慈善信託)