ELECTIONS (CORRUPT AND ILLEGAL
CONDUCT) ORDINANCE
31. Court may make orders relieving candidates from consequences of certain illegal conduct
(1) A candidate, candidate's agent or any other person who has done or omitted to do an act that, but for this section, would be illegal conduct at an election may apply to the Court for an order under subsection (2).
(2) On the hearing of an application under subsection (1), the Court may make an order relieving the applicant from penalties and disqualifications that are imposed by, or could be imposed under, an electoral law for any act or omission of the applicant that, but for this section, would be illegal conduct at an election, but only if the Court—
- (a) is satisfied that—
- (i) the act or omission was due to inadvertence, an accidental miscalculation or any reasonable cause and was not due to bad faith; and
- (ii) where the Court requires notice of the application to be given in Hong Kong, the notice has been given; and
- (b) believes it to be just that the applicant should not be subjected to one or more of those penalties and disqualifications.
(3) If an application is made under subsection (1), no prosecution against the applicant for having done or omitted to do an act that, but for this section, would be illegal conduct at an election may be instituted or carried on until the application is disposed of by the Court.
(4) An applicant is not liable to be convicted of an offence of having engaged in illegal conduct at an election if the act or omission of the applicant that, but for this section, would be illegal conduct at the election is the subject of an order made under subsection (2).
32. Witness who is party to corrupt or illegal conduct to be regard accomplice
In a prosecution against a person for having engaged in corrupt or illegal conduct at an election, a witness is not to be regarded as an accomplice only because the witness was a party to the conduct.
PART 5
Electoral Advertising
33. Interpretation: Part 5
In this part—
