HKLII Hong Kong Ordinances

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ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 37

Candidate to lodge election return with appropriate authority

(Past version on 03/03/2000).

(1) Each candidate at an election must lodge with the appropriate  authority
an election return setting out-

   (a)  the candidate's election expenses at the election; and

   (b)  all election donations received by or on behalf of the candidate in
        connection with the election.

(2) The candidate must ensure that the return-

   (a)  is lodged-

        (i)    in the case of an election to elect a Member of the
               Legislative  Council for any constituency- (A) not later than
               60 days after the date of publication of the result of the
               election; and (B) if the proceedings for the election have been
               terminated under the relevant electoral law, not later than 60
               days after the declaration of the termination of the election
               proceedings; and (C) if the election has failed under the
               relevant electoral law, not later than 60 days after the
               declaration of the failure of the election, or within such
               extended period as may be allowed by the Court under
               section 40; and

        (ii)   in any other case- (A) not later than 30 days after the date of
               publication of the result of the election; and (B) if the
               proceedings for the election have been terminated under the
               relevant electoral law, not later than 30 days after the
               declaration of the termination of the election proceedings; and
               (C) if the election has failed under the relevant
               electoral law, not later than 30 days after the declaration of
               the failure of the election, or within such extended period as
               may be allowed by the Court under section 40; and (Replaced 25
               of 2003 s. 55)

   (b)  is accompanied-

        (i)    in the case of each election expense of $100 or more, by an
               invoice and a receipt giving particulars of the expenditure;
               and

        (ii)   in the case of each election donation of more than $1000 or, in
               the case of an election donation consisting of goods or a
               service, of more than $1000 in value, by a copy of the receipt
               issued to the donor giving particulars of the donor and the
               donation; and

        (iii)  where an election donation or part of an election donation that
               was received by or on behalf of the candidate in connection
               with the election was not used for that purpose was disposed of
               in accordance with section 19, by a copy of the receipt given
               by the recipient of the donation or part; and

        (iv)   where an election donation or part of an election donation that
               was received by or on behalf of the candidate in connection
               with the election was not used for that purpose was not
               disposed of in accordance with section 19(3), by an explanation
               setting out the reason why it was not disposed of in accordance
               with that section; and

        (v)    by a declaration in a form provided or specified by the
               appropriate authority verifying the contents of the return.

(3) For the purposes of subsection (2), an invoice and a receipt for an
election expense may be included in the same document.



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