Page:Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).pdf/26

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE 26. Illegal conduct to publish false or misleading statements about a candidate

(1) A person engages in illegal conduct at an election if the person publishes a materially false or misleading statement of fact about a particular candidate or particular candidates for the purpose of promoting or prejudicing the election of the candidate or candidates.

(2) A candidate engages in illegal conduct at an election if the candidate publishes a materially false or misleading statement of fact about the candidate or candidates with whom the candidate is associated, or about another candidate or other candidates, for the purpose of—
 * (a) promoting the election of the candidate or candidates with whom the candidate is associated; or
 * (b) prejudicing the election of the other candidate or candidates.

(3) For the purposes of this section, statements about a candidate or candidates include (but are not limited to) statements concerning the character, qualifications or previous conduct of the candidate or candidates.

(4) In a prosecution for an offence of having engaged in illegal conduct under subsection (1) or (2), it is a defence to prove that the defendant believed on reasonable grounds that the statement was true at the time when it was made.

27. Illegal conduct to publish election advertisement that includes false claim of support

(1) A candidate engages in illegal conduct at an election if the candidate publishes, or authorizes the publication of, an election advertisement that includes—
 * (a) the name or logo of or associated with a person or an organization; or
 * (b) a name or logo that is substantially similar to the name or logo of or associated with a person or an organization; or
 * (c) a pictorial representation of a person,

in such a way as to imply, or to be likely to cause electors to believe, that the candidate or candidates with whom the candidate is associated have the support of the person or organization unless, before the publication of the election advertisement, the person or organization consented in writing to the inclusion of the name, logo or pictorial representation.

(2) A person engages in illegal conduct at an election if the person publishes, or authorizes the publication of, an election advertisement that includes—
 * (a) the name or logo of or associated with another person or an organization; or