### Legislative Council Ordinance 《立法會條例》

59. Offences by electoral officers with respect to conduct of election
(1) Any person holding office as an electoral officer at an election who neglects or refuses to perform the functions or duties of that office in relation to the election commits an offence and is liable on conviction to a fine at level 2.
(2) A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.
(3) A person is not to be liable to conviction under this section unless the complaint or information alleging the offence is laid within 3 months after the date of the alleged commission of the offence.

60. Elector not to be required to disclose how vote was cast
(1) An elector who is asked to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at the election is not required to answer the question.
(2) A person must not, without lawful authority, require, or purport to require, an elector to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at an election.
(3) In this section, elector (選民) includes an authorized representative of a corporate elector.
(4) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.

### Legislative Council Ordinance 《立法會條例》

60B. Financial assistance payable to candidates
(Amended 2 of 2011 s. 27; 14 of 2021 s. 328)(1) An eligible candidate for a constituency is entitled to financial assistance in the form of a monetary payment, in accordance with this Part, in respect of the declared election expenses of the candidate. (Replaced 14 of 2021 s. 328)
(2) Subject to this Part, financial assistance is payable to an eligible candidate whether or not the candidate represents a political party or an organization that is not a political party or is an independent candidate. (Replaced 14 of 2021 s. 328)
(3) An amount payable as financial assistance is payable whether or not the declared election expenses have been paid or are due for payment in whole or in part.
(4) For the avoidance of doubt, it is stated that financial assistance payable under this Part is not an election donation within the meaning of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554). (Added 1 of 2007 s. 12)

60C. Eligibility for financial assistance
Only the following candidates for a constituency are eligible for financial assistance—
(a) a candidate who is elected as a Member; or
(b) a candidate who is not elected as a Member but who—
(i) is not a disqualified candidate; and
(ii) obtains at least 5% of the total number of valid votes cast in the constituency concerned.
(Replaced 14 of 2021 s. 329)

### Legislative Council Ordinance 《立法會條例》

60F. Entitlement to financial assistance not affected by failure of election
(Amended 14 of 2021 s. 332)(1) A declaration by the Returning Officer under section 46A(3)(a) or (b) that an election has failed does not affect any entitlement to financial assistance under this Part.
(2) (Repealed 14 of 2021 s. 332)

60G. Financial assistance to be paid out of general revenue
An amount payable as financial assistance under this Part is a charge on, and is to be met from, the general revenue.

60H. Recovery of payment of financial assistance
(1) Where a payment of financial assistance is made under this Part and the recipient is not entitled to receive the whole or part of the amount paid— (Amended 14 of 2021 s. 333)
(a) the Chief Electoral Officer shall give a written notice to the recipient requiring repayment of the whole or part, as the case may be, of the amount paid; and
(b) the recipient must repay the whole or part, as the case may be, of the amount paid, to the Government within 3 months after the date of the notice,

in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541).
(2) Any amount that is not repaid under subsection (1) may be recovered as a civil debt due to the Government.
(3) (Repealed 14 of 2021 s. 333)(4) If a person from whom an amount is recoverable as a civil debt under subsection (2) dies before such recovery, the estate of that candidate is liable to the extent of the deceased candidate’s liability. (Amended 14 of 2021 s. 333)
(5) In any proceedings for the purposes of subsection (2), a certificate signed by the Chief Electoral Officer, stating, in relation to a payment of financial assistance under this Part, the amount, the date and the recipient of the payment is admissible as evidence of the matters stated in the certificate.

### Legislative Council Ordinance 《立法會條例》

60I. How financial assistance is to be claimed and paid
(1) A claim must be—
(a) presented to the Chief Electoral Officer within the period or extended period provided for in section 37 of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) for lodging an election return; and
(b) accompanied by an election return, with the accounts of the declared election expenses audited by an auditor. (Amended 1 of 2007 s. 15)
(2) A payment of financial assistance is to be made by the Chief Electoral Officer.
(3) A claim must be made, supported and verified also in accordance with regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541). The manner of payment must also be in accordance with those regulations.
(4) Where a person entitled to financial assistance dies before a claim is made, a claim may be made on behalf of the estate of the deceased person and any payment of financial assistance be made for the benefit of the estate.
(5) Where a person entitled to financial assistance dies after a claim is made, but before a payment of financial assistance is made or the claim is otherwise disposed of, the claim may be continued on behalf of the estate of the deceased person and any payment of financial assistance be made for the benefit of the estate.
(6) Where a person entitled to financial assistance dies before or after a claim is made, his or her legal personal representative or such other person as specified in regulations in force under the Electoral Affairs Commission Ordinance (Cap. 541) may take any action in respect of the claim that the deceased person may have taken.