CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 176

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

176

consented to the camitting of such illegal practice by

such other agent, or has paid for the circulation of the

false statement constituting the illegal practice, or unless

upon the hearing of an election petition the Court shall find

and report that the election of such candidate was procured

or materially assisted in consequence of the making or

publishing of such false statements.

(4) Any person who shall make or publish any false

statement of fact as aforesaid may be restrained by interim

or perpetual injunction by the Supreme Court from any

repetition of such false statement or any false statement of

a similar character in relation to such candidate, and for

the purpose of granting an interim injunction prima facie

proof of the falsity of the statement shall be sufficient.

Punishment on conviction of illegal practice.

s.7

(In U.K. £100)

13. A person guilty of an illegal practice in reference

to an election shall on sumary conviction be liable to a

fine not exceeding two thousand dollars and be incapable

during a period of five years from the date of his conviction

of being registered as an elector or voting at any election.

Incapacity of candidate reported guilty of illegal practice.

s.8

(1) An illegal practice within the meaning of

this Ordinance shall be deemed to be an offence against the

Municipal Council Ordinance, 194 and a petition alleging

such illegal practice may be presented and tried accordingly.

(2) Upon the trial of an election petition respecting

any election in which a charge is made of any illegal

practise having been committed in reference to such election,

the Court shall report in writing to the Governor and to the

olerk of the Council whether any of the candidates at such

election has been guilty by himself or his agents of an illegal

practice in reference to such election, and if the report is

W

·9.

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