Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 2

Interpretation

(Past version on 14/02/2003).
(Past version on 21/09/2001).
(Past version on 03/03/2000).

(1) In this Ordinance, unless the context otherwise requires- (Amended 21 of
2001 s. 77)

"advantage" (利益) means-

   (a)  any valuable consideration, gift or loan; or

   (b)  any office, employment or contract; or

   (c)  the full or partial payment, release, discharge or liquidation of an
        obligation; or

   (d)  the exercise of or forbearance from exercising a right or power; or

   (e)  the performance of or forbearance from performing a duty; or

   (f)  any favour, including-

        (i)    giving protection from a liability incurred or anticipated; and

        (ii)   giving protection from proceedings or possible proceedings of a
               disciplinary, civil or criminal nature; or

   (g)  any other service (other than voluntary service or the provision of
        entertainment), but does not include an election donation if
        particulars of the donation are given in an election return that has
        been lodged with the appropriate  authority;

"appropriate authority" (有關主管當局) means-

   (a)  in the case of an election to elect the Chief Executive, the
        Chief Electoral Officer; and (Amended 21 of 2001 s. 77)

   (b)  in the case of an election to elect a member or members of the
        Legislative Council, the Election Committee or a District Council, the
        Chief Electoral Officer; and

   (c)  in the case of an election to elect members of the Heung Yee Kuk or to
        elect the Chairman or Vice-Chairman or a member of the Executive
        Committee of a Rural Committee, the returning officer for the election
        or, if the returning officer for the election has not been appointed,
        the Director of Home Affairs; and

   (d)  in the case of an election to elect a Village Representative, the
        Director of Home Affairs; (Amended 2 of 2003 s. 68)

"candidate" (候選人)-

   (a)  means a person who stands nominated as a candidate at an election; and

   (b)  also means a person who, at any time before the close of nominations
        for an election, has publicly declared an intention to stand as a
        candidate at the election, and in relation to an election to return
        Members for a Legislative Council geographical constituency, includes
        a person who is one of a group of  candidates;

"Chief Electoral Officer" (總選舉事務主任) means the person holding
office as such under section 9 of the Electoral Affairs Commission Ordinance (
Cap  541);

"Chief Executive" (行政長官) means the Chief Executive of the Hong Kong
Special Administrative Region;

"conduct" (行為) engaged in by a person may be corrupt or illegal conduct
even though the way in which it affects another person is only indirect;

"constituency" (選區或選舉界別) means-

   (a)  in relation to a Legislative Council election, a geographical or
        functional constituency as defined in section 3(1) of the Legislative 
        Council Ordinance ( Cap 542); or (Amended 25 of 2003 s. 54)

   (b)  in relation to an Election Committee subsector election, the relevant
        Election Committee subsector; or

   (c)  in relation to a District Council election, an area declared to be a
        constituency under section 6(1) of the District Councils Ordinance (
        Cap 547);

"corporate elector" (團體選民) has the same meaning as in section 3(1) of
the Legislative Council Ordinance ( Cap 542);

"Court" means the Court of First Instance;

"duress" (脅迫手段) includes causing financial loss to a person by duress;

"election" (選舉) means an election to which this Ordinance applies;

"election advertisement" (選舉廣告), in relation to an election, means-

   (a)  a publicly exhibited notice; or

   (b)  a notice delivered by hand or electronic transmission; or

   (c)  a public announcement made by radio or television or by video or
        cinematographic film; or

   (d)  any other form of publication, published for the purpose of promoting
        or prejudicing the election of a candidate or candidates at the
        election;

"election agent" (選舉代理人) means a person who is appointed in writing
by a candidate at an election to be an election agent for the candidate at the
election;

"election appeal" (選舉上訴) means an appeal to a Revising Officer under
section 39 of the Schedule to the Chief Executive Election Ordinance ( Cap 
569); (Amended 21 of 2001 s. 77)

"Election Committee" (選舉委員會) means the Election Committee
constituted under section 8(1) of the Chief Executive Election Ordinance (
Cap 569); (Amended 21 of 2001 s. 77)

"Election Committee subsector" (選舉委員會界別分組) means a subsector
represented on the Election Committee as provided by section 2(4) of the
Schedule to the Chief Executive Election Ordinance ( Cap 569); (Amended 21 of
2001 s. 77)

"election donation" (選舉捐贈), in relation to a candidate or candidates
at an election, means any of the following donations-

   (a)  any money given to or in respect of the candidate or candidates for
        the purpose of meeting, or contributing towards meeting, the election 
        expenses of the candidate or candidates;

   (b)  any goods given to or in respect of the candidate or candidates for
        the purpose of promoting the election of the candidate or candidates
        or of prejudicing the election of another candidate or other
        candidates, and includes any goods given incidental to the provision
        of voluntary  service;

   (c)  any service provided to or in respect of the candidate or candidates
        for the purpose of promoting the election of the candidate or
        candidates or of prejudicing the election of another candidate or
        other candidates, but does not include voluntary service;

"election expense agent" (選舉開支代理人), in relation to a candidate
or group of  candidates, means a person authorized by the candidate or
candidates in accordance with section 23;

"election expenses" (選舉開支), in relation to a candidate or group of 
candidates at an election, means expenses incurred or to be incurred, before,
during or after the election period, by or on behalf of the candidate or group
for the purpose of-

   (a)  promoting the election of the candidate or group; or

   (b)  prejudicing the election of another candidate or group, and includes
        the value of election donations consisting of goods and services used
        for that purpose;

"election period" (選舉期間), in relation to an election, means the period
beginning with the nomination day for the election and ending with the polling
day for the election (or the last polling day if there is more than one
polling day);

"election petition" (選舉呈請) means an election petition lodged under an
electoral law for the purpose of questioning an election held under that law;

"election return" (選舉申報書) means the return required to be lodged by
a candidate in accordance with section 37;

"elector" (選民)-

   (a)  in relation to an election to elect the Chief Executive, means a
        member of the Election Committee; and (Amended 21 of 2001 s. 77)

   (b)  in relation to an election to elect a Member of the Legislative 
        Council, means an elector as defined by section 3(1) of the
        Legislative  Council Ordinance ( Cap 542), and in relation to a
        corporate elector, includes the authorized representative of the
        elector; and

   (c)  in relation to an election to elect a member of the Election 
        Committee, means a voter as defined by section 11(1) of the Schedule
        to the Chief Executive Election Ordinance ( Cap 569) or the authorized
        representative of a corporate voter; and (Amended 21 of 2001 s. 77)

   (d)  in relation to an election to elect a member of a District Council,
        means an elector as defined by section 2 of the District Councils 
        Ordinance ( Cap 547); and

   (e)  in relation to an election to elect members of the Heung Yee Kuk,
        means a person who, in accordance with the Heung Yee Kuk Ordinance (
        Cap 1097), is entitled to vote at the election; and

   (f)  in relation to an election to elect the Chairman or Vice-Chairman or a
        member of the Executive Committee of a Rural Committee, means a member
        of the general assembly of the Rural Committee; and

   (g)  in relation to an election to elect a Village Representative for a
        Village, means an elector, as defined in section 2(1) of the Village 
        Representative Election Ordinance ( Cap 576), for the Village;
        (Amended 2 of 2003 s. 68)

"electoral law" (選舉法) means-

   (a)  the Electoral Affairs Commission Ordinance ( Cap 541); or

   (b)  the Legislative Council Ordinance ( Cap 542); or

   (c)  the District Councils Ordinance ( Cap 547); or

   (ca) the Chief Executive Election Ordinance ( Cap 569); or (Added 21 of
        2001 s. 77)

   (d)  the Heung Yee Kuk Ordinance ( Cap 1097); or

   (e)  the Village Representative Election Ordinance ( Cap 576); (Replaced 2
        of 2003 s. 68)

"electoral officer" (選舉事務主任) means-

   (a)  the Chief Electoral Officer; or

   (b)  a returning officer; or

   (c)  an assistant returning officer; or

   (d)  the Electoral Registration Officer; or

   (e)  any person who is appointed under an electoral law to exercise
        functions in connection with an election;

"Electoral Registration Officer" (選舉登記主任) means the person holding
office as such under section 75 of the Legislative Council Ordinance (
Cap 542) or section 44 of the Schedule to the
Chief Executive Election Ordinance ( Cap  569) or section 51 of the
Village Representative Election Ordinance ( Cap  576), and includes any person
appointed to act in the Officer's place when the Officer is absent from duty
or the office is vacant; (Amended 21 of 2001 s. 77; 2 of 2003 s. 68)

"force" (武力)-

   (a)  includes any form of violence or restraint; and

   (b)  in particular, includes-

        (i)    inflicting harm on a person (whether physical or mental); and

        (ii)   causing damage to, or destruction of, a person's property;

"group of candidates" (候選人組合)-

   (a)  means the persons whose names appear on a list of candidates nominated
        for election to return Members for a Legislative Council geographical
        constituency, other than persons whose names have, in accordance with
        section 38 of the Legislative Council Ordinance ( Cap 542), been
        excluded from or struck out of such a list; and

   (b)  in relation to a time before the close of nominations for such an
        election, also means those persons who have publicly declared their
        intention to stand for election as candidates whose names appear on
        such a list, but does not include persons who have publicly revoked
        their declaration of intention to stand at the election;

"Legislative Council" (立法會) means the Legislative Council of the Hong
Kong Special Administrative Region;

"notice" (通知) includes leaflet, circular, placard and poster;

"organization" (組織) includes a company, association, society or other body
of persons;

"publish" (發布) means print, exhibit, distribute, post up, publicly
announce or make publicly known by any other means, and includes continue to
publish;

"returning officer" (選舉主任)-

   (a)  in relation to an election to elect the Chief Executive, means the
        person appointed to be the Returning Officer under section 41 of the
        Chief Executive Election Ordinance ( Cap 569); and (Amended 21 of 2001
        s. 77)

   (b)  in relation to an election for a Legislative Council constituency,
        means a Returning Officer appointed for the constituency under
        section 78 of the Legislative Council Ordinance ( Cap 542); and

   (c)  in relation to an election for an Election Committee subsector, means
        a Returning Officer appointed for the subsector under section 47 of
        the Schedule to the Chief Executive Election Ordinance ( Cap 569); and
        (Amended 21 of 2001 s. 77)

   (d)  in relation to an election for a constituency of a District Council,
        means a Returning Officer appointed for the constituency under
        section 75 of the District Councils Ordinance ( Cap 547); and

   (e)  in relation to an election to elect members of the Heung Yee Kuk,
        means the person appointed under section 7 of the Heung Yee Kuk 
        Ordinance ( Cap 1097) to be the Returning Officer for the election;
        and

   (f)  in relation to an election to elect the Chairman or Vice-Chairman or a
        member of the Executive Committee of a Rural Committee, means the
        District Officer in the Home Affairs Department for the district for
        which the Rural Committee is established; and

   (g)  in relation to an election to elect a Village Representative for a
        Village, means a person appointed to be a Returning Officer for the
        Village under section 54 of the
        Village Representative Election Ordinance ( Cap 576), (Amended 2 of
        2003 s. 68) and-

        (i)    if the Returning Officer referred to in paragraph (b), (c) or

   (d)  has not been appointed, means, in so far as it relates to the relevant
        election, the Chief Electoral Officer; and

        (ii)   if the Returning Officer referred to in paragraph (e) or (g)
               has not been appointed, means the Director of Home Affairs;
               (Amended 2 of 2003 s. 68)

"Rural Committee" (鄉事委員會) has the same meaning as in section 3(3) of
the Heung Yee Kuk Ordinance ( Cap 1097);

"valuable consideration" (有值代價) means money or anything worth money;

"value" (價值) means, in relation to goods or a service that is donated, the
price that could reasonably be expected to be paid for the goods or service if
supplied by a willing supplier to a willing buyer on the open market, with
both parties acting at arms length;

"Village" (鄉村) has the same meaning as in section 2(1) of the Village 
Representative Election Ordinance ( Cap 576); (Added 2 of 2003 s. 68)

"Village Representative" (村代表) has the same meaning as in section 2(1)
of the Village Representative Election Ordinance ( Cap 576); (Added 2 of 2003
s. 68)

"voluntary service" (義務服務) means any service provided free of charge
to or in respect of a candidate or candidates at an election by a natural
person, voluntarily and personally, in the person's own time for the purpose
of-

   (a)  promoting the election of the candidate or candidates; or

   (b)  prejudicing the election of another candidate or other candidates.

(2) In this Ordinance, a reference to the withdrawal of the nomination of a
person as a candidate includes, in the case of a candidate at an election to
elect the Chief Executive or to elect the members of the Election Committee, a
reference to the withdrawal of his candidature. (Added 21 of 2001 s. 77)
(Amended 2 of 2003 s. 68)

"advantage" (利益)

"appropriate authority" (有關主管當局)

"candidate" (候選人)

"Chief Electoral Officer" (總選舉事務主任)

"Chief Executive" (行政長官)

"conduct" (行為)

"constituency" (選區或選舉界別)

"corporate elector" (團體選民)

"Court"

"duress" (脅迫手段)

"election" (選舉)

"election advertisement" (選舉廣告)

"election agent" (選舉代理人)

"election appeal" (選舉上訴)

"Election Committee" (選舉委員會)

"Election Committee subsector" (選舉委員會界別分組)

"election donation" (選舉捐贈)

"election expense agent" (選舉開支代理人)

"election expenses" (選舉開支)

"election period" (選舉期間)

"election petition" (選舉呈請)

"election return" (選舉申報書)

"elector" (選民)

"electoral law" (選舉法)

"electoral officer" (選舉事務主任)

"Electoral Registration Officer" (選舉登記主任)

"force" (武力)

"group of candidates" (候選人組合)

"Legislative Council" (立法會)

"notice" (通知)

"organization" (組織)

"publish" (發布)

"returning officer" (選舉主任)

"Rural Committee" (鄉事委員會)

"valuable consideration" (有值代價)

"value" (價值)

"Village" (鄉村)

"Village Representative" (村代表)

"voluntary service" (義務服務)