Hong Kong Ordinances

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 40

Court may grant relief to candidate in certain circumstances

(1) A candidate who is unable or has failed to lodge an election  return as
required by section 37 before the end of the permitted period can apply to the
Court for an order allowing the candidate to lodge with the
appropriate authority an election return within such further period as the
Court specifies.

(2) On the hearing of an application made under subsection (1), the Court may
make the order sought, but only if it is satisfied that the inability or
failure to lodge an election return as required by section 37 was attributable
to-

   (a)  the applicant's illness or absence from Hong Kong; or

   (b)  the death, illness, absence from Hong Kong or misconduct of an agent
        or employee of the applicant; or

   (c)  inadvertence or an accidental miscalculation by the applicant or any
        other person; or

   (d)  any reasonable cause, and was not due to the applicant's bad faith.

(3) A candidate can also apply to the Court for an order enabling the
candidate to correct any error or false statement in an election  return or in
any document accompanying the return.

(4) On the hearing of an application made under subsection (3), the Court may
make the order sought, but only if it is satisfied that the error or false
statement was due to-

   (a)  misconduct of an agent or employee of the applicant; or

   (b)  inadvertence or an accidental miscalculation by the applicant or any
        other person; or

   (c)  any reasonable cause, and was not due to the applicant's bad faith.

(5) A candidate who has not complied with section 37(2)(b)(i), (ii) or (iii)
can also apply to the Court for an order excepting the candidate from the
requirement to send an invoice or a receipt, or a copy of a receipt, as
required by that section.

(6) On the hearing of an application made under subsection (5), the Court may
make the order sought, but only if it is satisfied that the non-compliance was
due to-

   (a)  misconduct of an agent or employee of the applicant; or

   (b)  inadvertence, or an accidental loss or destruction of the invoice or
        receipt or copy of the receipt, by the applicant or any other person;
        or

   (c)  any reasonable cause, and was not due to the applicant's bad faith.

(7) In making an order under this section, the Court may impose such
conditions as it considers to be appropriate for carrying into effect the
objects of this Ordinance.

(8) A person who fails to comply with a condition imposed in an order made
under this section commits an offence and is-

   (a)  if tried summarily, liable 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.

(9) A candidate who is convicted of an offence under subsection (8) is subject
to the same disqualifications as a person convicted of having engaged in
illegal conduct.