TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 172

A434

Deletion and replacement of Schedule.

Ord. No. 65/84

Return and declaration to be kept by returning officer.

DISTRICT BOARDS AND URBAN COUNCIL ELECTIONS (MISCELLANEOUS AMENDMENTS)

(6) Any candidate convicted of an offence under subsection (5) shall be incapable during the period of 7 years from the date of his conviction of being registered as an elector or of voting at any election.

(7) A candidate who fails to comply with subsection (1) or (2) may apply to the Court for an order permitting the return and declaration to be sent to the returning officer within such period as to the Court seems just or an order to enable the candidate to correct any error or false statement in the return or declaration on the grounds that the failure to make the 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 miscon- duct 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.

(8) The Court may, after reasonable 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 as to the Court seems fit, make an order referred to in subsection (7).

(9) An order under subsection (8) may be conditional upon compliance with such terms as to the Court seem calculated for carrying into effect the objects of this Ordinance.

(10) A candidate who fails to comply with an order under subsection (8) shall be guilty of an offence and liable to a fine of $2,000.

(11) Any candidate who sits or votes in any body to which he has been elected after the expiry of the period of 30 days mentioned in subsection (1) or such further or other period as may be specified in any order under subsection (8) and without having sent to the returning officer the return and declaration shall be guilty of an offence and liable to a fine of $500 for every day after such expiry on which he so sits or votes in such body.

29A. (1) The return and declaration sent to the returning officer shall be kept at his office, and shall, at all reasonable times during the 12 months next after they are received by him, be open to inspection by any person on payment of the fee of $5, and the returning officer shall, on demand, furnish copies thereof or of any part thereof at the price of $2 for every page.

(2) After the expiration of the said 12 months the returning officer may cause the return and declaration to be destroyed, or, if the candidate so requires, shall return the same to him.

(3) In this section "return and declaration" means the return of election expenses and accompanying declaration referred to in section 29.".

46. The Schedule to the fourth principal Ordinance is deleted and replaced by the following--

"SCHEDULE

CORRUPT AND ILLEGAL Practices ORDINANCE (Chapter 288)

RETURN AND DECLARATION AS TO ELECTION EXPENSES

FORM OF RETURN

[s. 29.]

DISTRICT BOARDS AND URBAN COUNCIL ELECTIONS (MISCELLANEOUS AMENDMENTS)

Ord. No. 65/84

A435

Date of publication of notice of election Name of candidate

I.

I am the candidate named above at this election.

2. I hereby make the following return of my election expenses at this election.

EXPENDITURE

Candidate's personal expenses

Fees payable to (give name) as election agent [omit if candidate is his

own election agent or if the agent's services are free] Paid to (give names) as polling or counting agents

Paid to (give names) campaign supporter/canvasser for

services

days

Paid to the following persons in respect of goods supplied or work

and labour done-

$

$

to (give names) [set out the nature of the goods supplied or work

and labour done thus (printing), (advertising), (stationery)} $

Paid to (give names) as a speaker at a public meeting at

as remuneration (expenses]

Paid for the hire of rooms-—

for holding public meetings-

on

19

paid to (give names) for hire of [identify the rooms by naming

or describing them]

for committee rooms-

paid to (give names) for hire of [identify the rooms by naming

or describing them]

Paid for postage

Paid for miscellaneous matters—

to (give names) [set out the reason for the payment}

In addition to the above I am aware of the following unpaid

claims-

by (give names) for [set out the goods, work and labour, or other

matter on account of which the claim is due]

Signature of candidate making return

FORM OF DECLARATION

Name of candidate

I solemnly and sincerely declare as follows-

$

$

Total: $

1.

I am the person named above as a candidate at this election.

2.

Election of an Urban Council Member/a District Board Member for the

Constitutency in the

District.

I have examined the above return of election expenses to be sent to the returning officer, and to the best of my knowledge and belief it is an accurate account of all expenses incurred by me and by any person employed or engaged by me in respect of the management of this election as required by law.