Page:Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).pdf/17

(8) In a prosecution for an offence against this section, the onus of proving a reasonable excuse lies on the defendant.

12. Corrupt conduct to provide others with refreshments and entertainment at election

(1) A person engages in corrupt conduct at an election if the person provides, or meets all or part of the cost of providing, food, drink or entertainment for another person for the purpose of inducing the other person or a third person—

(a) to vote at the election for a particular candidate or particular candidates; or

(b) not to vote at the election, or not to vote at the election for a particular candidate or particular candidates.

(2) A person engages in corrupt conduct at an election if the person provides, or meets all or part of the cost of providing, food, drink or entertainment for another person because the other person or a third person—

(a) has voted at the election for a particular candidate or particular candidates; or

(b) has not voted at the election, or has not voted at the election for a particular candidate or particular candidates.

(3) A person engages in corrupt conduct at an election if the person solicits, accepts or takes food, drink or entertainment—

(a) as an inducement to vote at the election for a particular candidate or particular candidates; or

(b) as an inducement not to vote at the election, or not to vote the election for a particular candidate or particular candidates.

(4) A person engages in corrupt conduct at an election if the person solicits, accepts or takes food, drink or entertainment—

(a) as a reward for having voted at the election for a particular candidate or particular candidates; or

(b) as a reward for not having voted at the election, or not having voted at the election for a particular candidate or particular candidates.

(5) A person does not engage in corrupt conduct of a kind referred to in subsection (1) only because the person has, at an election meeting, served non-alcoholic drinks of any kind. An election meeting is any meeting held to promote or prejudice the election of a particular candidate or particular candidates.

(6) A person is taken to have engaged in corrupt conduct of a kind referred to in subsections (1) to (4) even though the conduct was engaged in by another person, but only if the other person was acting with the person's authority. That authority may be conferred expressly or by implication.