### Elections (Corrupt and Illegal Conduct) Ordinance 《選舉(舞弊及非法行為)條例》

42. Officers liable to be found guilty of offences committed by corporation
(1) If a corporation is found guilty of having engaged in corrupt or illegal conduct, each person who was an officer of the corporation when the conduct was engaged in is also liable to be found guilty of having engaged in the conduct unless the person proves—
(a) that the conduct was engaged in without the person’s knowledge; or
(b) if the conduct was engaged in with that person’s knowledge, that the person exercised reasonable diligence to prevent the conduct from being engaged in.
(2) In this section, officer (高級人員), in relation to a corporation, means a director, executive officer or other person who is concerned in the management of the corporation.

43. Attempts to be treated as complete offences
(1) A person who, with the relevant knowledge or intent, attempts to do an act that constitutes an offence against this Ordinance is guilty of attempting to commit the offence.
(2) A person who is convicted of an attempt to commit an offence against this Ordinance is subject to the same penalties and disqualifications imposed by any law to which the person would have been subject on conviction of the offence attempted.

44. Rights of creditors not affected by contravention of this Ordinance
The fact that an election expense has been incurred in contravention of this Ordinance does not prevent a person who has supplied goods or services in relation to which the expense was incurred from exercising any rights that the person has as a creditor under the contract for the supply of the goods or services if the person was unaware of the contravention at the time when the contract was entered into.

45. Chief Executive in Council may make regulations
(1) The Chief Executive in Council may make regulations prescribing the maximum amount of election expenses that can be incurred by or on behalf of a candidate at an election. (Amended 14 of 2021 s. 378)
(2) A regulation under this section may prescribe different maximum amounts for different kinds of elections and for different constituencies and for different Rural Areas and for different bodies to which this Ordinance applies. (Amended 2 of 2003 s. 68; 5 of 2014 s. 72)

46. Repeal of Corrupt and Illegal Practices Ordinance
The Corrupt and Illegal Practices Ordinance (Cap. 288) is repealed.

48. Transitional provision
Any subsidiary legislation made under the Corrupt and Illegal Practices Ordinance (Cap. 288) before its repeal and in force at the commencement* of this Ordinance is, so far as it is not inconsistent with this Ordinance, to continue in force and have the like effect for all purposes as if made under this Ordinance.

### Elections (Corrupt and Illegal Conduct) Ordinance 《選舉(舞弊及非法行為)條例》

49. Saving provision
The repeal of the Corrupt and Illegal Practices Ordinance (Cap. 288) does not affect any obligation or liability incurred, or any penalty or disqualification imposed, or any investigation or legal proceedings instituted, under that repealed Ordinance; and any such penalty or disqualification may be imposed, and any such investigation or legal proceedings may be instituted or carried on, as if this Ordinance had not been passed.

50. Transitional provision for Electoral Legislation (Miscellaneous Amendments) Ordinance 2016
If the poll of an election—
(a) is held on a date before the commencement date* of the Electoral Legislation (Miscellaneous Amendments) Ordinance 2016 (15 of 2016) (amending Ordinance

### Heung Yee Kuk Election Expenses Order 《鄉議局選舉開支令》

1. Citation
This order may be cited as the Heung Yee Kuk Election Expenses Order.

2. Application
This order shall apply in relation to the election of a Chairman, Vice-Chairman, Special Councillor of the Full Council or Ordinary Member of the Executive Committee of the Full Council of the Heung Yee Kuk.

3. Limitation of election expenses
Subject to paragraphs 4 and 5, for the purposes of section 13 of the Ordinance*, the maximum scale of election expenses shall be—
(a) in respect of any fee or fees paid by a candidate to his election agent, an amount not exceeding $3,000 in the aggregate;
(b) in respect of all other election expenses, an amount not exceeding $10,000 in the aggregate.

Editorial Note: 

* “Ordinance” refers to the repealed Corrupt and Illegal Practices Ordinance (Cap. 288). 

4. Election expenses not to include personal expenses
References in paragraphs 3 and 5 to election expenses shall not include the reasonable travelling expenses of a candidate and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to the election.

5. Limitation of expenses for multiple elections
Subject to paragraph 3(a), where a person is a candidate in more than one Heung Yee Kuk election in any period of 3 months the total maximum scale of election expenses in respect of those elections shall be $10,000.

### Electronic Transactions Ordinance 《電子交易條例》

1. Short title
(1) This Ordinance may be cited as the Electronic Transactions Ordinance.
(2)-(3) (Omitted as spent—E.R. 3 of 2017)

### Electronic Transactions Ordinance 《電子交易條例》

3. Matters to which sections 5, 5A, 6, 7, 8 and 17 are not applicable
Sections 5, 5A, 6, 7, 8 and 17 do not apply to any— (Amended 14 of 2004 s. 3)
(a) requirement or permission for information to be, or to be given, in writing; (Amended 2 of 2024 s. 3)
(aa) requirement or permission for a document to be served on a person; (Added 14 of 2004 s. 3. Amended 2 of 2024 s. 3)
(b) requirement for the signature of a person;
(c) requirement for information to be presented or retained in its original form;
(d) requirement for information to be retained,
under a rule of law in a matter or for an act set out in Schedule 1, unless that rule of law expressly provides otherwise.

3A. Application of provisions for serving documents
(1) This section applies if a provision of this Ordinance applies in relation to a rule of law that requires or permits a document to be served on a person.
(2) A reference to “serve” in the provision is to be construed as including a reference in the rule of law to, as the case requires, any of the following—
(a) “file”, “lodge”, “send”, “give”, “notify”, “serve”, “deliver”, “submit” and “furnish” (including their grammatical variations and cognate expressions);
(b) any other expression that signifies or suggests serving a document on a person.
(Added 2 of 2024 s. 4)

4. Ordinance to bind Government
This Ordinance binds the Government.

5. Requirement for writing
(1) If a rule of law requires information to be, or to be given, in writing or provides for certain consequences if it is not, an electronic record satisfies the requirement if the information contained in the electronic record is accessible so as to be usable for subsequent reference.
(2) If a rule of law permits information to be, or to be given, in writing, an electronic record satisfies that rule of law if the information contained in the electronic record is accessible so as to be usable for subsequent reference.
(Amended 2 of 2024 s. 5)