Page:Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).pdf/22

(b) is not used in the case referred to in subsection (2),

the candidate or candidates must ensure that the donation is given to a charitable institution or trust of a public character chosen by the candidate or candidates.

(4) If the aggregate of all election donations given to or for a particular candidate or a particular group of candidates exceeds the maximum amount prescribed under section 45, the candidate or the candidates belonging to the group must ensure that the excess (not including election donations of services) is given to a charitable institution or trust of a public character chosen by the candidate or those candidates.

(5) If an election donation is received by a candidate or candidates, the candidate or each of the candidates engages in corrupt conduct at an election if—

(a) the candidate or candidates fail to comply with subsection (1) or (2); or

(b) the candidate or candidates fail to comply with any other requirement of this section before the time when the candidate's or each candidate's election return for the election is lodged in accordance with section 37.

(6) In this section, "charitable institution or trust of a public character" (慈善機構或屬公共性質的信託) means a charitable institution or trust of a public character that is exempt from tax under section 88 of the Inland Revenue Ordinance (Cap. 112).

20. Corrupt conduct to lodge false or misleading election return

A candidate engages in corrupt conduct at an election if the candidate, in an election return lodged under section 37, makes a statement that the candidate knows or ought to know is materially false or misleading.

21. Corrupt conduct to withdraw election petition or election appeal for a bribe

(1) A person engages in corrupt conduct at an election if the person, having lodged an election petition or an election appeal—

(a) withdraws the petition or appeal in return for an advantage solicited by the person or offered by another person; or

(b) solicits or accepts an advantage as an inducement to withdraw the petition or appeal.

(2) A person engages in corrupt conduct at an election if the person—