Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 35

Court may grant relief in certain circumstances if election advertisements do not meet requirements

(1) A person who publishes a printed election advertisement without complying
with section 34(1) or (4) may apply to the Court for an order under subsection
(2).

(2) On the hearing of an application made under subsection (1), the Court may
make an order allowing the publication which would, but for this section,
constitute an offence under section 34, be excepted from the relevant
requirements under that section and relieving the applicant from the penalties
imposed by that section, but only if the Court-

   (a)  is satisfied that-

        (i)    the non-compliance 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 subject to
        those penalties.

(3) If an application is made under subsection (1), no prosecution against the
applicant for not having complied with section 34(1) or (4) 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 under section 34
if the non-compliance by the applicant with section 34(1) or

(4) is the subject of an order made under subsection (2).