Page:Electoral Affairs Commission Ordinance (Cap. 541).pdf/15

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ELECTORAL AFFAIRS COMMISSION
Ord. No. 129 of 1997
A395
(C) a Provisional District Board or any those bodies which are successors to the Provisional District Boards;
(v) being nominated as a candidate in an election;
(vi) acting or being appointed as the agent of a candidate in an election;
(vii) subscribing in any capacity to the nomination of a candidate in an election; or
(viii) being a member of the election committee.

(2) Subsection (1) shall not apply in relation to a person who ceases to hold office as a member within 14 days of the date of his appointment.

(3) Subsections (1) and (2) shall apply in relation to a member of a committee established or appointed under section 7(1)(g), subject to necessary modifications, as if they apply in relation to a member of the Commission.

14. Immunity

(1) No liability shall be incurred by—

(a) the Commission in respect of anything done, or omitted to be done, by it in good faith in the performance of a function or the purported performance of a function under this or any other Ordinance; or
(b) any other person in respect of anything done, or omitted to be done, by him in good faith in the performance of a function or the purported performance of a function under this Ordinance.

(2) Without limiting the generality of subsection (1), it is declared that for the purposes of the law of defamation, any comment made under section 5(e) or the publication of any matter relating to a complaint made under section 6(3), in any communication, report or statement, in writing or otherwise, shall be absolutely privileged.

15. Commission not to be regarded servant or agent of Government

The Commission shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government.

16. Unauthorized use of Commission name

(1) A person shall not incorporate, form, be a director, office bearer or organizer of, or work in connection with, or be a member of, any body of persons, whether corporate or unincorporate, which without the written consent of the Commission—