Page:Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).pdf/35

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE (4) A candidate who is convicted of an offence under subsection (1) is subject to the same disqualifications as a person convicted of having engaged in illegal conduct.

39. Offence to act in office or participate in affairs of body if no election return is lodged

(1) A person commits an offence if, having been elected to an office or membership of a body at an election to which this Ordinance applies, the person acts in the office or participates in the affairs of the body as a member without having complied with section 37.

(2) A person found guilty of an offence under this section is liable on summary conviction to a fine of $5,000 for each day on which the person acts in the office or participates in the affairs of the body as a member without having complied with section 37.

(3) A person is not liable to be convicted of an offence under this section for acting in the office or participating in the affairs of the body as a member without having complied with section 37 if—
 * (a) the non-compliance is the subject of an order made under section 40; and
 * (b) the further period specified in the order has not yet expired.

(4) A person who acts in the office or participates in the affairs of the body as a member without having complied with section 37, if—
 * (a) the person's application for an order under section 40 is refused; or
 * (b) the person has not complied with section 37 within the further period specified in the order made under section 40,

may be convicted of an offence under this section and is liable on conviction to the daily fine referred to in subsection (2) counting from the day on which the person began ct in the office or participate in the affairs of the body as a member without having complied with section 37.

40. Court may grant relief to candidate in certain circumstances

(1) A candidate who is unable or has failed to lodge an election return as required by section 37 before the end of the permitted period can apply to the Court for an order allowing the candidate to lodge with the appropriate authority an election return within such further period as the Court specifies.

(2) On the hearing of an application made under subsection (1), the Court may make the order sought, but only if it is satisfied that the inability or failure to lodge an election return as required by section 37 was attributable to—