Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION OF ELECTORS) (LEGISLATIVE COUNCIL GEOGRAPHICAL CONSTITUENCIES) (DISTRICT COUNCIL CONSTITUENCIES) REGULATION - SECT 22

Offences and penalties

(Past version on 19/11/1999).

(1) Any person who in any-

   (a)  application made under section 4;

   (b)  response to a requirement for particulars or proof made under section
        5;

   (c)  response to a requirement made under section 6;

   (d)  reply to an inquiry made under section 7;

   (e)  request made under section 11 or 17;

   (f)  notice of objection; or

   (g)  notice of claim, makes any statement which the person 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 an application, response, reply, request or
        notice commits an offence and is liable to a fine at level 2 and to
        imprisonment for 6 months.

(2) Any person who directly or indirectly by himself or any other person on
his behalf conspires with, incites, compels, induces, coerces, intimidates or
persuades another person-

   (a)  to make a false statement in an application, response, reply, request
        or notice referred to in subsection (1); or

   (b)  to provide information which the first mentioned person knows to be
        wrong in a material particular, in an application, response, reply,
        request or notice referred to in paragraph (a), commits an offence and
        is liable to a fine at level 2 and to imprisonment for 6 months.

(3) Any person who-

   (a)  reproduces or permits another person to reproduce in any form any
        particular contained in an entry in a register or an extract from a
        register;

   (b)  uses or permits another person to use any information relating to a
        person obtained for the purpose of compiling a register;

   (c)  uses or permits another person to use any information relating to a
        person contained in a register or an extract from a register;or

   (d)  imparts to any other person any information referred to in paragraph
        (a), (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 to
        imprisonment for 6 months.

(4) Any person who fails to furnish information in response to a requirement
under section 6 within the period the information is required to be furnished,
commits an offence and is liable to a fine at level 2 and to imprisonment for
6 months.

(5) Notwithstanding anything to the contrary in subsection (3), any person who
contravenes section 21(3) commits an offence and is liable to a fine at level
2 and to imprisonment for 6 months.

(6) It is a defence in any prosecution under subsection (4) for the person
charged to prove that he or she did not know or could not have reasonably
ascertained or provided the information required of him or her.

(7) An offence under subsection (1) or (2) is to be an offence prescribed for
the purposes of-

   (a)  sections 31, 39, 40 and 53 of the Legislative Council Ordinance (
        Cap 542); (L.N. 254 of 2002)

   (b)  sections 14, 19, 21, 24 and 30 of the District Councils  Ordinance (
        Cap 547); and (L.N. 284 of 1999; L.N. 254 of 2002)

   (c)  sections 14, 20 and 26 of the Chief Executive Election  Ordinance (
        Cap 569) and sections 9, 18 and 30 of the Schedule to that Ordinance.
        (L.N. 254 of 2002)

(8) An offence under subsection (3) or (5) is to be an offence prescribed for
the purposes of-

   (a)  sections 39 and 40 of the Legislative Council Ordinance ( Cap  542);
        (L.N. 254 of 2002)

   (b)  sections 14, 19, 21 and 24 of the District Councils Ordinance (
        Cap 547); and (L.N. 284 of 1999; L.N. 254 of 2002)

   (c)  sections 14 and 20 of the Chief Executive Election Ordinance (
        Cap 569) and sections 9 and 18 of the Schedule to that Ordinance.
        (L.N. 254 of 2002)

(9) In this section, "election" (選舉) has the meaning assigned to it by
section 21(5). (L.N. 254 of 2002)

"election" (選舉)