Page:Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554).pdf/36

ELECTIONS (CORRUPT AND ILLEGAL CONDUCT) ORDINANCE :(a) the applicant's illness or absence from Hong Kong; or
 * (b) the death, illness, absence from Hong Kong or misconduct of an agent or employee of the applicant; or
 * (c) inadvertence or an accidental miscalculation by the applicant or any other person; or
 * (d) any reasonable cause,

and was not due to the applicant's bad faith.

(3) A candidate can also apply to the Court for an order enabling the candidate to correct any error or false statement in an election return or in any document accompanying the return.

(4) On the hearing of an application made under subsection (3), the Court may make the order sought, but only if it is satisfied that the error or false statement was due to—
 * (a) misconduct of an agent or employee of the applicant; or
 * (b) inadvertence or an accidental miscalculation by the applicant or any other person; or
 * (c) any reasonable cause,

and was not due to the applicant's bad faith.

(5) A candidate who has not complied with section 37(2)(b)(i), (ii) or (ii) can also apply to the Court for an order excepting the candidate from the requirement to send an invoice or a receipt, or a copy of a receipt, as required by that section.

(6) On the hearing of an application made under subsection (5), the Court may make the order sought, but only if it is satisfied that the non-compliance was due to—
 * (a) misconduct of an agent or employee of the applicant; or
 * (b) inadvertence, or an accidental loss or destruction of the invoice or receipt or copy of the receipt, by the applicant or any other person; or
 * (c) any reasonable cause,

and was not due to the applicant's bad faith.

(7) in making an order under this section, the Court may impose such conditions as it considers to be appropriate for carrying into effect the objects of this Ordinance.

(8) A person who fails to comply with a condition imposed in an order made under this section commits an offence and is—
 * (a) if tried summarily, liable to a fine at level 5 and to imprisonment for 1 year; or
 * (b) if tried on indictment, liable on conviction to a fine of $200,000 and to imprisonment for 3 years.

(9) A candidate who is convicted of an offence under subsection (8) is subject to the same disqualifications as a person convicted of having engaged in illegal conduct.