Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 39

Offence to act in office or participate in affairs of body if no election return is lodged

(1) A person commits an offence if, having been elected to an office or
membership of a body at an election to which this Ordinance applies, the
person acts in the office or participates in the affairs of the body as a
member without having complied with section 37.

(2) A person found guilty of an offence under this section is liable on
summary conviction to a fine of $5000 for each day on which the person acts in
the office or participates in the affairs of the body as a member without
having complied with section 37.

(3) A person is not liable to be convicted of an offence under this section
for acting in the office or participating in the affairs of the body as a
member without having complied with section 37 if-

   (a)  the non-compliance 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 person who acts in the office or participates in the affairs of the body
as a member without having complied with section 37, if-

   (a)  the person's application for an order under section 40 is refused; or

   (b)  the person has not complied with section 37 within the further period
        specified in the order made under section 40, may be convicted of an
        offence under this section and is liable on conviction to the daily
        fine referred to in subsection (2) counting from the day on which the
        person began to act in the office or participate in the affairs of the
        body as a member without having complied with section  37 .