HKLII Hong Kong Ordinances

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ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE - SECT 7

Corrupt conduct to bribe candidates or prospective candidates

(1) A person engages in corrupt conduct at an election if the person
corruptly-

   (a)  offers an advantage to another person as an inducement for the other
        person-

        (i)    to stand, or not to stand, as a candidate at the election; or

        (ii)   if the other person has been nominated as a candidate at the
               election, to withdraw the nomination; or

        (iii)  if the other person has been nominated as a candidate at the
               election, not to use the other person's best endeavours to
               promote the election of the other person; or

   (b)  offers an advantage to another person as a reward-

        (i)    for having stood, or not stood, as a candidate at the election;
               or

        (ii)   if the other person was nominated as a candidate at the
               election, for having withdrawn the nomination; or

        (iii)  if the other person was or has been nominated as a candidate at
               the election, for not having used the other person's best
               endeavours to promote the election of the other person; or

   (c)  offers an advantage to another person as an inducement for the other
        person to get, or try to get, a third person-

        (i)    to stand, or not to stand, as a candidate at the election; or

        (ii)   if the third person has been nominated as a candidate at the
               election, to withdraw the nomination; or

        (iii)  if the third person has been nominated as a candidate at the
               election, not to use the third person's best endeavours to
               promote the election of the third person; or

   (d)  offers an advantage to another person as a reward for having got, or
        having tried to get, a third person-

        (i)    to stand, or not to stand, as a candidate at the election; or

        (ii)   if the third person was nominated as a candidate at the
               election, to withdraw the nomination; or

        (iii)  if the third person was or has been nominated as a candidate at
               the election, not to use the third person's best endeavours to
               promote the election of the third person; or

   (e)  solicits or accepts an advantage as an inducement-

        (i)    to stand, or not to stand, as a candidate at the election; or

        (ii)   if the person has been nominated as a candidate at the
               election, to withdraw the nomination; or

        (iii)  if the person has been nominated as a candidate at the
               election, not to use the person's best endeavours to promote
               the election of the person; or

   (f)  solicits or accepts an advantage as a reward-

        (i)    for having stood, or not stood, as a candidate at the election;
               or

        (ii)   if the person was nominated as a candidate at the election, for
               having withdrawn the nomination; or

        (iii)  if the person was or has been nominated as a candidate at the
               election, for not having used the person's best endeavours to
               promote the election of the person; or

   (g)  solicits or accepts an advantage as an inducement to get, or try to
        get, another person-

        (i)    to stand, or not to stand, as a candidate at the election; or

        (ii)   if the other person has been nominated as a candidate at the
               election, to withdraw the nomination; or

        (iii)  if the other person has been nominated as a candidate at the
               election, not to use the other person's best endeavours to
               promote the election of the other person; or

   (h)  solicits or accepts an advantage as a reward for having got, or having
        tried to get, another person-

   (i)  to stand, or not to stand, as a candidate at the election; or

        (ii)   if the other person was nominated as a candidate at the
               election, to withdraw the nomination; or

        (iii)  if the other person was or has been nominated as a candidate at
               the election, not to use the other person's best endeavours to
               promote the election of the other person.

(2) For the purposes of this section-

   (a)  a person offers an advantage if the person confers, undertakes to
        confer or shows a willingness to confer, an advantage on another
        person; and

   (b)  a person solicits an advantage if the person asks for, or shows a
        willingness to receive, an advantage, either for the person's own
        benefit or for the benefit of another person; and

   (c)  a person accepts an advantage if the person receives or obtains an
        advantage, or agrees to receive or obtain an advantage, either for the
        person's own benefit or for the benefit of another person.

(3) For the purposes of this section, a person is taken to have offered an
advantage even though the offer was made by another person, but only if the
other person was acting with the person's authority. That authority may be
conferred expressly or by implication.



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