A432
Ord. No. 65/84
DISTRICT BOARDS AND URBAN COUNCIL ELECTIONS (MISCELLANEOUS AMENDMENTS)
DISTRICT BOARDS AND URBAN COUNCIL ELECTIONS (MISCELLANEOUS AMENDMENTS)
Ord. No. 65/84
A433
8B. No candidate or election agent and no person on behalf of a
for candidate shall use money received for election expenses other purposes.".
(b) by inserting after subsection (1) the following-
any
Amendment of section 9.
Amendment of section 10.
Repeal of
section 11.
Amendment of
section 12.
Repeal and replacement of
section 14.
Amendment of section 16.
Corrupt offences
in relation to election expenses.
33. Section 9 of the fourth principa! Ordinance is amended-
(a) in subsection (1) by deleting "be capable of ever" and substituting the
following-
", for 10 years from the date of that certificate or report (as the case may be), be capable of";
(b) in subsection (2) by deleting "Governor and to the returning officer" and
substituting the following-
"Chief Secretary and to the Designated Officer";
(c) in subsection (3) by deleting "3 years" and substituting the following-
"10 years";
(d) by inserting after subsection (3) the following-
"(4) For the purposes of subsections (2) and (3) a candidate shall not be treated as being guilty by his agent of a corrupt practice if he satisfies the court that such corrupt practice was committed without his consent and that he took all steps as were necessary in the circum- stances to prevent it.".
34. Section 10 of the fourth principal Ordinance is amended-
(a) by deleting “11,";
(b) by deleting “20, 21,”.
35. Section 11 of the fourth principal Ordinance is repealed.
36. Section 12(1) of the fourth principal Ordinance is amended by deleting "on account of holding public meetings or issuing advertisements, circulars or publications".
37. Section 14 of the fourth principal Ordinance is repealed and replaced by the following-
"Voting offences.
(Cap. 367, sub. leg.)
14. (1) No person shall vote or induce or procure any person to vote at an election-
(a) knowing that he or such person is prohibited or disqualified from voting, or is not entitled to vote, at that election, whether by virtue of this Ordinance or any other enactment; (b) more than once in the same constituency at that election; or (c) in more than one constituency at that election.
(2) For the purposes of this section a person who has applied for a ballot paper for the purpose of voting shall be deemed to have voted, but a person to whom regulation 36 of the Electoral Provisions (Procedure) Regulations (concerning spoilt ballot papers) applies shall not be deemed to have voted more than once if he acts in exercise of his rights under that regulation.".
38. Section 16 of the fourth principal Ordinance is amended--- (a) in subsection (1) by inserting after "character" the following-
". qualifications";
"(IA) No candidate shall before or during any election for the purpose of promoting or procuring his election at such election, wilfully make or publish any false statement of fact in relation to himself including, but without prejudice to the generality thereof, his character, qualifications or conduct.".
39. Section 18 of the fourth principal Ordinance is amended-
(a) by deleting subsection (1);
(b) by deleting “(2)”.
Amendment of section 18.
40. Section 19(1) of the fourth principal Ordinance is amended by inserting Amendment of after "English" the following-
"or Chinese".
41. Sections 20 and 21 of the fourth principal Ordinance are repealed.
section 19.
Repeal of sections 20 and 21.
42. Section 23(a) of the fourth principal Ordinance is amended by deleting "or Amendment of the official mark on any ballot paper".
section 23.
43. Section 26(c) of the fourth principal Ordinance is amended by deleting "the Amendment of Colony" and substituting the following-
“Hong Kong”.
44. Section 27 of the fourth principal Ordinance is repealed.
section 26.
Repeal of section 27.
45. Section 29 of the fourth principal Ordinance is repealed and replaced by the Repeal and following-
"Declaration of election expenses.
Schedule.
29. (1) Subject to subsections (7) and (8), within 30 days of the publication in the Gazette of the result of an election every candidate at such election shall send to the returning officer a return of his election expenses accompanied by a declaration by the candidate in the form set forth in the Schedule made before a Justice of the Peace or a Commissioner for Oaths.
(2) Any return of election expenses submitted under this section shall contain an accurate account of all expenses incurred by the candidate and by any person employed or engaged by him in respect of the management of the election, vouched (except in the case of sums under $50) by bills stating the particulars and by receipts.
(3) Subject to subsection (4), any candidate who fails to comply with subsection (1) or (2) shall be guilty of an offence and liable to a fine of $1,000.
(4) A candidate shall not be convicted of an offence under subsection (3) in respect of any failure to comply which is made the subject of an order under subsection (8).
(5) Any candidate who knowingly makes a false statement in any declaration made under subsection (1) or subsection (8) shall be deemed to be guilty of a corrupt practice and shall be guilty of an offence and liable to a fine of $5,000 and to imprisonment for 1 year.
replacement of section 29.