Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 31

Court may make orders relieving candidates from consequences of certain illegal conduct

(1) A candidate, candidate's agent or any other person who has done or omitted
to do an act that, but for this section, would be illegal conduct at an
election may apply to the Court for an order under subsection (2).

(2) On the hearing of an application under subsection (1), the Court may make
an order relieving the applicant from penalties and disqualifications that are
imposed by, or could be imposed under, an electoral law for any act or
omission of the applicant that, but for this section, would be illegal conduct
at an election, but only if the Court-

   (a)  is satisfied that-

        (i)    the act or omission was due to inadvertence, an accidental
               miscalculation or any reasonable cause and was not due to bad
               faith; and

        (ii)   where the Court requires notice of the application to be given
               in Hong Kong, the notice has been given; and

   (b)  believes it to be just that the applicant should not be subjected to
        one or more of those penalties and disqualifications.

(3) If an application is made under subsection (1), no prosecution against the
applicant for having done or omitted to do an act that, but for this section,
would be illegal conduct at an election may be instituted or carried on until
the application is disposed of by the Court.

(4) An applicant is not liable to be convicted of an offence of having engaged
in illegal conduct at an election if the act or omission of the applicant
that, but for this section, would be illegal conduct at the election is the
subject of an order made under subsection (2).