Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 30

Court to declare candidate to be elected in certain circumstances despite corrupt or illegal conduct by agents

(1) If, on the hearing of an election petition alleging that a candidate was
not duly elected because the candidate engaged in corrupt or illegal conduct
at the election, the Court finds that the conduct was engaged in by an agent
of the candidate, the Court must nevertheless determine the candidate to have
been duly elected if satisfied that-

   (a)  the candidate did not personally engage in the conduct; and

   (b)  the conduct did not materially affect the result of the election; and

   (c)  the candidate took reasonable steps to ensure that no corrupt or
        illegal conduct was engaged in at the election in relation to the
        candidate; and

   (d)  neither the candidate nor any of the candidate's agents engaged in any
        other corrupt or illegal conduct at the election.

(2) If the Court makes a determination under subsection (1) in respect of
particular conduct, it must also order that the candidate concerned is not to
be subject to any disqualification under the relevant electoral law in
relation to that conduct.