Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (REGISTRATION OF ELECTORS) (FUNCTIONAL CONSTITUENCIES AND ELECTION COMMITTEE CONSTITUENCY) REGULATION - SECT 23

Offences and penalties

Caution: This is a past version. See the current version here.

PART VI GENERAL

(1) A person who, in-

   (a)  response to a notification;

   (b)  any application made under section 9;

   (c)  response to a request for particulars or proof made under section 10;

   (d)  reply to an inquiry made under section 11;

   (e)  any request made under section 12;

   (f)  a notice of objection lodged under section 15; or

   (g)  a notice of claim lodged under section 16, makes any statement which
        he knows to be false in a material particular or recklessly makes any
        statement which is incorrect in a material particular or knowingly
        omits any material particular from such a response, application,
        reply, request or notice commits an offence and is liable to a fine at
        level 2 and to imprisonment for 6 months.

(2) A person who directly or indirectly by himself or by any other person on
his behalf conspires with, incites, compels, induces, coerces, intimidates or
persuades another person to make a false statement in a response, application,
reply, request or notice referred to in subsection

(1) or to provide information which he knows to be wrong in a material
particular in such a response, application, reply, request or notice commits
an offence and is liable to a fine at level 2 and to imprisonment for 6
months.

(3) A person who-

   (a)  reproduces or permits another person to reproduce in any form any
        particular contained in any entry in a register (including a revised
        final register compiled under section 22) or an extract thereof
        referred to in section 14(4) or 21(5); or

   (b)  uses or permits another person to use any information relating to an
        individual, company, partnership, sole proprietorship or other
        organization or body or trade union obtained for the purpose of
        compiling a register (including a revised final register compiled
        under section 22); or

   (c)  uses or permits another person to use any information relating to an
        individual, company, partnership, sole proprietorship or other
        organization or body or trade union, contained in a register
        (including a revised final register compiled under section 22) or an
        extract thereof referred to in section 14(4) or 21(5); or

   (d)  imparts to any other person any information referred to in paragraph
        (b) or (c), for a purpose other than a purpose related to an election
        commits an offence and is liable to a fine at level 2 and, where it is
        committed by an individual, to imprisonment for 6 months.

(3A) Notwithstanding anything to the contrary in subsection (3), a person who
contravenes section 14(6) or 21(7) commits an offence and is liable to a fine
at level 2 and to imprisonment for 6 months. (L.N. 267 of 1995)

(4) A person who-

   (a)  fails to comply with a requirement under section 6 within the period
        specified in section 6(3) or the extended period under section 6(4)
        commits an offence and is liable to a fine at level 2; or

   (b)  in response to such a requirement knowingly furnishes information
        which is false or is incorrect in a material particular commits an
        offence and is liable to a fine at level 2 and, where it is committed
        by an individual, to imprisonment for 6 months. (L.N. 9 of 1995)

(5) In a prosecution for an offence described in subsection (4)(a) it shall be
a defence to show that the person of whom the requirement was made did not
know or have in his possession the information sought and could not with
reasonable diligence have ascertained the same. (Enacted 1994)