Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 26

Illegal conduct to publish false or misleading statements about a candidate

(1) A person engages in illegal conduct at an election if the person publishes
a materially false or misleading statement of fact about a particular
candidate or particular candidates for the purpose of promoting or prejudicing
the election of the candidate or candidates.

(2) A candidate engages in illegal conduct at an election if the candidate
publishes a materially false or misleading statement of fact about the
candidate or candidates with whom the candidate is associated, or about
another candidate or other candidates, for the purpose of-

   (a)  promoting the election of the candidate or candidates with whom the
        candidate is associated; or

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

(3) For the purposes of this section, statements about a candidate or
candidates include (but are not limited to) statements concerning the
character, qualifications or previous conduct of the candidate or candidates.

(4) In a prosecution for an offence of having engaged in illegal conduct under
subsection (1) or (2), it is a defence to prove that the defendant believed on
reasonable grounds that the statement was true at the time when it was made.