Hong Kong Regulations

ELECTORAL AFFAIRS COMMISSION (REGISTRATION OF ELECTORS) (VILLAGE REPRESENTATIVE ELECTION) REGULATION - SECT 32

Offences and penalties

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

(1) A person who in any-

   (a)  application;

   (b)  response to a requirement for particulars or proof made under
        section 12;

   (c)  reply to an inquiry made under section 17;

   (d)  request made under section 20 or 27;

   (e)  notice of objection; or

   (f)  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) A person who directly or indirectly by himself or herself or any other
person on his or her behalf conspires with, incites, compels, induces,
coerces, intimidates or persuades any other person-

   (a)  to make a false statement on 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
        incorrect in a material particular on 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) A person who-

   (a)  reproduces or permits another person to reproduce in any form any
        particular contained in an entry in a register or in 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 an entry in a register or in 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) A person who fails to furnish information in response to a requirement
under section 16 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) Despite anything to the contrary in subsection (3), a person who
contravenes section 31(4) 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 have the required information or could
not have reasonably ascertained that information or could not have otherwise
reasonably provided that information.

(7) An offence under subsection (1) or (2) is to be an offence prescribed for
the purposes of sections 14, 16, 23 and 24 of the Election Ordinance.

(8) An offence under subsection (3) or (5) is to be an offence prescribed for
the purposes of sections 23 and 24 of the Election Ordinance.