Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION) (ELECTORS FOR LEGISLATIVE COUNCIL FUNCTIONAL CONSTITUENCIES) (VOTERS FOR ELECTION COMMITTEE SUBSECTORS) (MEMBERS OF ELECTION COMMITTEE) REGULATION - SECT 42

Offences and penalties

(Past version on 05/10/2001).
(Past version on 10/12/1999).
(Past version on 12/11/1997).

(1) Any person who in any-

   (a)  response to a requirement under section 9 or 10;

   (b)  application made under section 19;

   (c)  specified form on which notice of the appointment, replacement or
        substitution of an authorized representative is given under
        section 20;

   (d)  response to a requirement for particulars or proof made under
        section 21;

   (e)  reply to an inquiry made under section 22;

   (f)  request made under section 26 or 33;

   (g)  notice of objection; (L.N. 200 of 2001)

   (h)  notice of claim; or (L.N. 200 of 2001)

   (i)  notice of appeal, (L.N. 200 of 2001) 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
        functional constituencies register, a subsector register or an
        Election  Committee register; (L.N. 200 of 2001)

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

   (c)  uses or permits another person to use any information relating to a
        person contained in a register or an extract from such 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 9 or 10 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 41(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) If a corporate body is convicted of an offence under this section, and the
offence is proved to have been committed with the consent or connivance of, or
was attributable to the neglect or omission on the part of a director,
manager, secretary or any other person concerned in the management of the
corporate body, the director, manager, secretary or that other person is
liable for the offence and to a fine at level 2 and to imprisonment for 6
months.

(8) If a partner of a partnership is convicted of an offence under this
section and it is proved that the offence was committed with the consent or
connivance of, or was attributable to the neglect or omission on the part of
any other partner or person concerned in the management of the partnership,
the other partner or that other person is liable for the offence and to a fine
at level 2 and to imprisonment for 6 months.

(9) 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. 200 of 2001)

   (b)  sections 14, 19, 21, 24 and 30 of the District Councils  Ordinance (
        Cap 547); and (L.N. 307 of 1999; L.N. 200 of 2001)

   (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. 200 of 2001; L.N. 255 of 2002)

(10) 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. 200 of 2001)

   (b)  sections 14, 19, 21 and 24 of the District Councils Ordinance (
        Cap 547); and (L.N. 307 of 1999; L.N. 200 of 2001)

   (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. 200 of 2001; L.N. 255 of 2002)

(11) In this section, "election" (選舉) has the meaning assigned to it by
section 41(5). (L.N. 255 of 2002)

"election" (選舉)