1955-HKRS28-8-22_Part02 — Page 9

Sending In claims and making

payments

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candidate, agent, or person shalt not be subject to any of the consequences under this Ordinance or any other enactment of the said act or omission.

PART V

Election Expenses.

27. (1) Every claim against any person in respect of any expenses incurred by or on behalf of a candidate at an election on account of or in respect of the conduct or management of such for election election shall be sent in within fourteen days after the day of

election, and if not so sent in shall be barred and not payable, and all expenses incurred as aforesaid shall be paid within twenty- one days after the day of election, and not otherwise.

expenses.

Saving of right of creditors.

Declara- tion of election cpenses,

Schedule.

(2) Any person who makes a payment in contravention of this section, shall be liable to a fine of five hundred dollars.

28. The provisions of this Ordinance prohibiting certain payments and contracts for payments, and the payment of any sum, and the incurring of any expense, in excess of a certain maximum, shall not affect the right of any creditor who, when the contract was made or the expense was incurred, was ignorant of the same being in contravention of this Ordinance.

29. (1) Within twenty-eight days after each election every candidate at such election shall send to the secretary a return of election expenses.

(2) The return of election expenses shall contain an account of all expenses incurred by such candidate and by his agents in respect of the management of such election, vouched (except in the case of sums under twenty dollars) by bills stating the particulars and by receipts.

(3) Each return of election expenses shall be accompanied by a declaration by the candidate made before a Justice of the Peace or a Commissioner for Oaths in the form set forth in the Schedule.

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(4) If a candidate fails to make such return of election expenses within such time he shall be liable to a fine of one thousand dollars.

(5) Any candidate who knowingly makes a false statement in such a declaration shall be deemed to be guilty of a corrupt practice and shall be liable to a fine of five thousand dollars and to imprisonment for one year and shall be incapable during the period of seven years from the date of his conviction of being registered as an elector or of voting at any election:

Provided that-

(a) if the candidate applies to the Court and shows that the failure to make the said return and declaration, or either of them, or any error or false statement therein, has arisen by reason of his illness or absence or of the absence, death, illness, or misconduct of any agent, clerk, or officer, or by reason of inadvertence,

or of any reasonable cause of a like nature, and not by reason of want of good faith on the part of the applicant, the Court may, after such notice of the application and on production of such evidence of the grounds stated in the application and of the good faith of the applicant and otherwise as to the Court Seems fit, make such order for allowing the authorized excuse for the failure to make such return and declaration, or for an error or false statement in such return or declaration, as to the Court seems just;

(6) the order may make the allowance conditional upon com- pliance with such terms as to the Court seem calculated for carrying into effect the objects of this Ordinance, and the order shall relieve the applicant from any fiability or consequences under this Ordinance in respect of the matlers excused by the order;

(c) if the Court makes any such order, such return and declaration shall be sent to the secretary within the time limited in the order for the return thereof as if such time had been the period of twenty-eight days limited by subsection (1).