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Amendment of
section 29.
CORRUPT AND ILLEGAL PRACTICES (AMENDMENT) BILL 1987
4.
such election use or publish in any form whatsoever the na or device of any person or organization, or a name or device which is substantially similar to the name or device of any person or organization, in such a way as to infer, or to be likely to cause, encourage or persuade any elector to believe, that that candidate has the support of that person or organi- zation unless that candidate or his election agent has obtained or received from that person or organization his or its prior consent or permission in writing to such use or publication of that name or device in connection with the election.
(2) No address, bill, notice, placard or poster referred to in section 19 shall include the name or device of any person or organization, or a name or device which is substantially similar to the name or device of any person or organization, in such a way as to infer, or to be likely to cause, encourage or persuade any elector to believe, that any candidate has the support of that person or organization unless that candidate or his election agent has received or obtained from that person or organization his or its consent or permission in writing to such inclusion of that name or device in that bill, notice, placard or poster.".
Section 29(1) of the principal Ordinance is amended by deleting "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" and substituting the following-
"and accompanying declaration in such form as may be specified from time to time by the Deputy Chief Secretary for that purpose".
Deletion of
5.
The Schedule to the principal Ordinance is deleted.
Schedule.
CORRUPT AND ILLEGAL PRACTICES (AMENDMENT) BILL 1987
ices provided without charge to candidates to be identified. Clause 5 of the Bill deletes the Schedule to the principal Ordinance which prescribes the existing out of date form.
4. The Bill has no Public Service staffing or public expenditure implications.
(a)
1987年舞弊及非法行為(修訂)條例草案
本條例草案旨在一
摘要說明
作出以下規定:候選人在競選中如實際並未獲得若干個別人士或團體的 支持,但卻聲稱已獲得他們的支持,即予視作犯法;以及
(b) 修訂競選費用申報表。
2.
草案第2條修訂原有條例中與罰則有關的第10條,在該第10條內加提 與新訂第17條有關的規定。草案第3條在原有條例內加插新訂第17條;該條新條 文規定:候選人在競選中如實際並未獲得若干個別人士或團體的支持,但卻訛稱已 獲得他們的支持,即予視作犯法。
3.
草案第4條修訂原有條例第29條,使副布政司有權就候選人在選舉後 所提交競選費用申報書以及所需附聲明書的格式,作出規定。現行申報書不夠詳 細,例如,申報書中並沒有把提供實物一項包括在內,亦没有要求候選人對免費獲 得提供的物品或服務加以列明。草案第5條把原有條例附表删除;該附表訂列現已 過時的競選費用申報書。
4. 本草案對政府開支和人手需求方面都没有影響。
Explanatory Memorandum
The purposes of this Bill are—
(a) to make it an offence for a candidate in an election to claim that he has the support of certain individuals or organizations when in fact he has not; and
(b) to revise election expenses forms.
2. Clause 2 of the Bill amends the penalty section 10 of the principal Ordinance by adding a reference to new section 17. Clause 3 of the Bill adds the new section 17 to the principal Ordinance which makes it an offence for a candidate in an election to make false claims that he has the support of certain individuals or organizations when in fact he has no such support.
3. Clause 4 of the Bill amends section 29 of the principal Ordinance by permitting the Deputy Chief Secretary to specify the form of election expenses and accompanying declaration to be lodged by candidates follow- ing an election. The existing form is not detailed enough and, for instance, does not include the provision of services in kind or require goods and
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