Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 27

Illegal conduct to publish election advertisement that includes false claim of support

(1) A candidate engages in illegal conduct at an election if the candidate
publishes, or authorizes the publication of, an election  advertisement that
includes-

   (a)  the name or logo of or associated with a person or an organization; or

   (b)  a name or logo that is substantially similar to the name or logo of or
        associated with a person or an organization; or

   (c)  a pictorial representation of a person, in such a way as to imply, or
        to be likely to cause electors to believe, that the candidate or
        candidates with whom the candidate is associated have the support of
        the person or organization unless, before the publication of the
        election advertisement, the person or organization consented in
        writing to the inclusion of the name, logo or pictorial
        representation.

(2) A person engages in illegal conduct at an election if the person
publishes, or authorizes the publication of, an election  advertisement that
includes-

   (a)  the name or logo of or associated with another person or an
        organization; or

   (b)  a name or logo that is substantially similar to the name or logo of or
        associated with another person or an organization; or

   (c)  a pictorial representation of another person, in such a way as to
        imply, or to be likely to cause electors to believe, that a particular
        candidate or particular candidates have the support of the other
        person or organization unless, before the publication of the
        election advertisement, the other person or organization consented in
        writing to the inclusion of the name, logo or pictorial
        representation.

(3) For the purposes of subsections (1) and (2), the consent of an
organization is taken to have been obtained if-

   (a)  the consent was given by an officer of the organization; and

   (b)  the candidate or person who publishes, or authorizes the publication
        of, the election advertisement believed on reasonable grounds that the
        officer had authority to give the consent.

(4) A candidate or other person engages in illegal conduct for having
published or authorized the publication of an election  advertisement of a
kind referred to in subsection (1) or (2) despite the fact that the
advertisement contains a statement to the effect that the inclusion in the
advertisement of a name or logo of or associated with a person or an
organization, or a pictorial representation of a person, does not imply
support by the person or organization for a candidate or candidates.

(5) A person engages in illegal conduct at an election if the person purports
to give consent in writing to the inclusion in an election  advertisement of
the name or logo of or associated with an organization without having been
approved by the governing body of the organization or by a resolution of the
members of the organization passed at a general meeting.

(6) A person engages in illegal conduct at an election if the person, for the
purpose of promoting or prejudicing the election of a candidate or candidates,
gives information to the candidate or candidates that the person knows or
ought to know is materially false or misleading.

(7) In this section, "support" (支持), in relation to a candidate, includes
support for the policies or activities of the candidate.

"support" (支持)