Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 38

Offence to fail to lodge election return

(1) A candidate who fails to lodge an election return as required by
section 37 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.

(2) If a candidate has made an application under section 40, no prosecution
against the candidate for failing to have lodged an election  return as
required by section 37 may be instituted or carried on until the application
is disposed of by the Court.

(3) A candidate is not liable to be convicted of an offence under subsection
(1) for failing to have lodged an election return as required by section 37
if-

   (a)  the failure is the subject of an order made under section 40; and

   (b)  the further period specified in the order has not yet expired.

(4) A candidate who is convicted of an offence under subsection (1) is subject
to the same disqualifications as a person convicted of having engaged in
illegal conduct.