Page:Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).pdf/29

PART 4
Court Proceedings Relating to Corrupt and Illegal Conduct

29. Interpretation: Part 4

(1) For the purposes of this part, a candidate is to be regarded as having personally engaged corrupt or illegal conduct if the conduct was engaged in with the knowledge and consent of the candidate.

(2) For the purposes of this part, a candidate is not to be regarded as having engaged in corrupt or illegal conduct by an agent if the candidate satisfies the Court that—

(a) the candidate was not aware of the conduct; or

(b) the candidate, if aware of the conduct, did not consent to or connive at it.

30. Court to declare candidate to be elected in certain circumstances despite corrupt or illegal conduct by agents

(1) If, on the hearing of an election petition alleging that a candidate was not duly elected because the candidate engaged in corrupt or illegal conduct at the election, the Court finds that the conduct was engaged in by an agent of the candidate, the Court must nevertheless determine the candidate to have been duly elected if satisfied that—

(a) the candidate did not personally engage in the conduct; and

(b) the conduct did not materially affect the result of the election; and

(c) the candidate took reasonable steps to ensure that no corrupt or illegal conduct was engaged in at the election in relation to the candidate; and

(d) neither the candidate nor any of the candidate's agents engaged in any other corrupt or illegal conduct at the election.

(2) If the Court makes a determination under subsection (1) in respect of particular conduct, it must also order that the candidate concerned is not to be subject to any disqualification under the relevant electoral law in relation to that conduct.