Page:Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).pdf/25

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE 24. Illegal conduct for candidate to incur election expenses exceeding prescribed amount

(1) A candidate engages in illegal conduct at an election if the aggregate amount of election expenses incurred at or in connection with the election by or on behalf of the candidate exceeds the maximum amount of election expenses prescribed for a candidate by regulations in force under section 45.

(2) If regulations under section 45 prescribe a maximum amount of election expenses for groups of candidates at an election at which the list system of voting is used, each member of a group of candidates engages in illegal conduct at the election if the aggregate amount of the election expenses incurred at or in connection with the election by or on behalf of the group exceeds the maximum amount of election expenses so prescribed.

(3) In a prosecution alleging illegal conduct under this section by a candidate, it is a defence for the candidate to prove that the election expenses were incurred—
 * (a) without negligence by the candidate; and
 * (b) either without the candidate's consent or in excess of an amount specified in an authorization under section 23.

(4) For the purposes of this section, the value of an election donation consisting of goods or services is taken to be an amount of election expense incurred by or on behalf of a particular candidate or particular candidates if the goods or services are used for the purpose of promoting the election of the candidate or candidates or of prejudicing the election of another candidate or other candidates.

25. Illegal conduct to publish false statement that a person is or is not a candidate

(1) A person engages in illegal conduct at an election if the person publishes a statement, knowing it to be false, that the person or another person is a candidate at the election.

(2) A candidate engages in illegal conduct at an election if the candidate publishes a statement, knowing it to be false, that the candidate is no longer a candidate at the election,

(3) A person engages in illegal conduct at an election if the person publishes a statement, knowing it to be false, that another person who has been nominated as a candidate is no longer a candidate at the election.