HKLII Hong Kong Regulations

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ELECTORAL AFFAIRS COMMISSION (ELECTORAL PROCEDURE) (LEGISLATIVE COUNCIL) REGULATION - SECT 25

A candidate may appoint persons to incur election expenses on the candidate's behalf

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

(1) All the candidates on a multiple nominees list or a multiple 
candidates list may jointly appoint one or more persons authorized to incur
election expenses on their behalf.

(2) The candidate on a single nominee list or a single candidate  list may
appoint one or more persons authorized to incur election expenses on his or
her behalf.

(3) A candidate for a functional constituency may appoint one or more persons
authorized to incur election expenses on his or her behalf.

(4) A candidate for the Election Committee election may appoint one or more
persons authorized to incur election expenses on the candidates behalf.

(5) Only a person who has attained the age of 18 years may be authorized as
an election expense agent.

(6) An authorization under this section must be in writing and state the name,
identity document number and residential address of the person authorized.

(7) An authorization must state the maximum amount the person authorized may
incur as election expenses.

(8) An authorization must be signed by the candidate or, in the case of a
multiple nominees list or a multiple candidates list, by all the candidates on
the list. An authorization must also be signed by the person authorized.

(9) If an authorization is given on or after the commencement of the
nomination period, the candidate must serve a copy of it on the
Returning Officer so that it is received by that Officer within 3 working days
after the authorization is given. In the case of a multiple nominees  list or
a multiple candidates list, the duty to serve is on the candidate ranking
first in priority on the relevant list.

(10) If an authorization is given before the commencement of the
nomination period by a person who is subsequently included as a candidate in a
nomination list or otherwise nominated as a candidate for the election
concerned, the candidate must serve a copy of the authorization on the
Returning Officer within 3 working days after the nomination form is
submitted. If the candidate is included in a multiple nominees list, the copy
must be endorsed by all the candidates on the list.

(11) If a person has, before the commencement of this section, authorized
another person to incur election expenses on his or her behalf for the
general election referred to in section 5(1) of the Legislative 
Council Ordinance ( Cap 542), and the first-mentioned person is subsequently
included as a candidate in a nomination list or otherwise nominated as a
candidate for that election, he or she must serve a copy of the authorization
on the Returning Officer within 3 working days after the nomination form is
submitted. If the list is a multiple nominees list, the copy must be endorsed
by all the candidates on the list.

(12) If the information required under subsections (6) and (7) to be contained
in an authorization is not contained in the authorization referred to in
subsection (11), the candidate must, when he or she serves the copy, inform
the Returning Officer in writing of the name, identity  document number and
residential address of the person authorized, the amount the authorized person
was authorized to incur as election expenses and the amount actually incurred
at the time of giving the information.

(13) Subsections (10) and (11) must be complied with even if the authorization
has been revoked at the time a copy of the authorization is required to be
given under those subsections.

(14) If the appointment of an election expense agent has been revoked, the
candidate must give notice of the revocation to the Returning  Officer as soon
as possible after the revocation. In the case of a multiple nominees list or a
multiple candidates list, the notice must be given by the candidate ranking
first in priority in the relevant list.

(15) A notice of revocation must be in writing and be signed by the candidate,
or in the case of a multiple nominees list or a multiple  candidates list, by
all the candidates.

(16) The Returning Officer is to regard a revocation of the appointment of
an election expense agent as being effective, for any purpose related to
an election for which a revocation is relevant, only when that Officer
receives the notice of revocation.

(17) Subject to subsections (11) and (12), an authorization or a notice of
revocation must be in the specified form.

(18) For the purposes of this section a copy of an authorization may be
delivered by hand or sent by post or facsimile transmission.



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