Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 34

Offence to publish election advertisements that do not meet certain requirements

(1) A person must not publish a printed election advertisement that fails to
show, in the English or Chinese language-

   (a)  the name and address of the printer; and

   (b)  the date on which it was printed; and

   (c)  the number of copies printed.

(2) Subsection (1) does not apply to an election advertisement that is printed
in a registered local newspaper.

(3) Subsection (1) is not contravened in relation to the publication of a
printed election advertisement if, not later than 7 days after the
advertisement is published, the publisher, or a person authorized by the
publisher, has lodged with the appropriate returning  officer a statutory
declaration that states-

   (a)  the name and address of the printer; and

   (b)  the date on which it was printed; and

   (c)  the number of copies printed.

(4) A person must, not later than 7 days after publishing a printed
election advertisement, furnish 2 copies of the advertisement to the
appropriate returning officer.

(5) If a printed election advertisement is published in a
registered local newspaper, the duty to comply with subsection (4) is on the
person who seeks to place the advertisement in the newspaper.

(6) A person who contravenes subsection (1) or (4) commits an offence and is-

   (a)  if tried summarily, liable on conviction to a fine at level 5 and to
        imprisonment for 1 year; or

   (b)  if tried on indictment, liable on conviction to a fine of $200000 and
        to imprisonment for 3 years.

(7) A returning officer must keep each copy of statutory declaration or an
election advertisement lodged with the officer under this section for 6 months
after the date on which the result of the relevant election is published and
may then destroy it or dispose of it in some other manner.

(8) Subject to subsection (5), any person who authorizes the publication of an
election advertisement is taken to have published the advertisement for the
purposes of this section.

(9) A performance report published by an incumbent candidate during an
election period is an election advertisement for the purposes of this section.