CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 181

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

Power of Court to except innocent act from being illegal practice, &c.

s.20

181

the offence of treating and undue influence and illegal

practice, or of any of such offences, in relation to auch

election, and the Court further reports that the candidate

has proved to the Court

(a) that no corrupt

or illegal practice was

committed at such election by the candidate or

with his knowledge and consent, and the offences

mentioned in the said report were committed

without the sanction or connivance of such

candidate; and

(b) that all reasonable means for preventing the

caraission of corrupt and illegal practices at

such election were taken by and on behalf of the

candidate; and

(c) that the offences mentioned in the said report

were of a trivial, unimportant, and limited

character; and

(a) that in all other respects the election was free

fran any corrupt or illegal practice on the part

of the candidate and of his agents;

then the election of such candidate shall not, by reason of

the offences mentioned in such report, be void, nor shall

the candidate be subject to any incapacity under this

Ordinance or any other enactment.

(a)

24. There, on application made, it is shown to the

Court by such evidence as scens to the Court sufficient

that any act or omission of a candidate at an

election, or of any agent or other person,

would, by reason of being in contravention of

any of the provisions of this Urdinance, be,

but for this section, an illegal practice,

payment, employment or hiring; and

(b) that such act or omission arose from inadvertance

or from accidental miscalculation or from some

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