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

27A. Illegal conduct to incite another person not to vote, or to cast invalid vote, by activity in public during election period
(1) A person engages in illegal conduct at an election if the person carries out any activity in public that—
(a) incites another person not to vote at the election; or
(b) incites another person voting at the election to deal with a ballot paper issued to the person in any way that would render the ballot paper invalid at the election under any electoral law.
(2) Subsection (1) applies only to an activity in public carried out during the election period of the election concerned.
(3) In determining whether any activity in public incites another person as described in subsection (1), regard may be had to all circumstances of the case, including—
(a) the contents of the activity;
(b) the intended audience of the activity; and
(c) the circumstances in which the activity is carried out.
(4) It is a defence for a person charged with an offence under section 22(1) for having engaged in the illegal conduct under subsection (1) to prove that, at the time of the alleged offence, the person had lawful authority or reasonable excuse for doing the act to which the charge relates.
(5) In this section—
activity in public (公開活動) includes any of the following activities, whether or not the person carrying out the activity is in a public place while carrying out the activity—(a) any form of communication to the public, including speaking, writing, printing, displaying notices, broadcasting, screening and playing of tapes or other recorded material;
(b) any conduct (not being a form of communication referred to in paragraph (a)) observable by the public, including actions and gestures and the wearing or display of clothing, signs, flags, emblems and insignia;
(c) the distribution or dissemination of any matter to the public.

(Added 14 of 2021 s. 374)

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

29. Interpretation: Part 4
(1) For the purposes of this Part, a candidate is to be regarded as having personally engaged in corrupt or illegal conduct if the conduct was engaged in with the knowledge and consent of the candidate.
(2) For the purposes of this Part, a candidate is not to be regarded as having engaged in corrupt or illegal conduct by an agent if the candidate satisfies the Court that—
(a) the candidate was not aware of the conduct; or
(b) the candidate, if aware of the conduct, did not consent to or connive at it.

30. Court to declare candidate to be elected in certain circumstances despite corrupt or illegal conduct by agents
(1) If, on the hearing of an election petition alleging that a candidate was not duly elected because the candidate engaged in corrupt or illegal conduct at the election, the Court finds that the conduct was engaged in by an agent of the candidate, the Court must nevertheless determine the candidate to have been duly elected if satisfied that—
(a) the candidate did not personally engage in the conduct; and
(b) the conduct did not materially affect the result of the election; and
(c) the candidate took reasonable steps to ensure that no corrupt or illegal conduct was engaged in at the election in relation to the candidate; and
(d) neither the candidate nor any of the candidate’s agents engaged in any other corrupt or illegal conduct at the election.
(2) If the Court makes a determination under subsection (1) in respect of particular conduct, it must also order that the candidate concerned is not to be subject to any disqualification under the relevant electoral law in relation to that conduct.

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

31. Court may make orders relieving candidates from consequences of certain illegal conduct
(1) A candidate, candidate’s agent or any other person who has done or omitted to do an act that, but for this section, would be illegal conduct at an election may apply to the Court for an order under subsection (2).
(2) On the hearing of an application under subsection (1), the Court may make an order relieving the applicant from penalties and disqualifications that are imposed by, or could be imposed under, an electoral law for any act or omission of the applicant that, but for this section, would be illegal conduct at an election, but only if the Court—
(a) is satisfied that—
(i) the act or omission was due to inadvertence, an accidental miscalculation or any reasonable cause and was not due to bad faith; and
(ii) where the Court requires notice of the application to be given in Hong Kong, the notice has been given; and
(b) believes it to be just that the applicant should not be subjected to one or more of those penalties and disqualifications.
(3) If an application is made under subsection (1), no prosecution against the applicant for having done or omitted to do an act that, but for this section, would be illegal conduct at an election may be instituted or carried on until the application is disposed of by the Court.
(4) An applicant is not liable to be convicted of an offence of having engaged in illegal conduct at an election if the act or omission of the applicant that, but for this section, would be illegal conduct at the election is the subject of an order made under subsection (2).

32. Witness who is party to corrupt or illegal conduct not to be regarded as accomplice
In a prosecution against a person for having engaged in corrupt or illegal conduct at an election, a witness is not to be regarded as an accomplice only because the witness was a party to the conduct.

33. Interpretation: Part 5
In this Part—
printed election advertisement (印刷選舉廣告) means an election advertisement printed on any material; (Added 11 of 2012 s. 29)
printer (印刷人), in relation to a printed article, includes any person who reproduces the article by any means; (Amended 11 of 2012 s. 29)
registered local newspaper (註冊本地報刊) means a newspaper registered under section 7 of the Registration of Local Newspapers Ordinance (Cap. 268).
(Amended 11 of 2012 s. 29)

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

34. Offence to publish election advertisements that do not meet certain requirements
(1) A person must not publish a printed election advertisement that fails to show, in the English or Chinese language—
(a) the name and address of the printer; and
(b) the date on which it was printed; and
(c) the number of copies printed.
(2) Subsection (1) does not apply to an election advertisement that is printed in a registered local newspaper.
(3) Subsection (1) is not contravened in relation to the publication of a printed election advertisement if, not later than 7 days after the advertisement is published, the publisher, or a person authorized by the publisher, has lodged with the appropriate returning officer a statutory declaration that states—
(a) the name and address of the printer; and
(b) the date on which it was printed; and
(c) the number of copies printed.
(4) A person must, not later than 7 days after publishing a printed election advertisement, furnish 2 copies of the advertisement to the appropriate returning officer.
(5) If a printed election advertisement is published in a registered local newspaper, the duty to comply with subsection (4) is on the person who seeks to place the advertisement in the newspaper.
(6) A person who contravenes subsection (1) or (4) commits an offence and is—
(a) if tried summarily, liable on conviction to a fine at level 5 and to imprisonment for 1 year; or
(b) if tried on indictment, liable on conviction to a fine of $200,000 and to imprisonment for 3 years.
(7) A returning officer must keep each copy of statutory declaration or an election advertisement lodged with the officer under this section for 6 months after the date on which the result of the relevant election is published and may then destroy it or dispose of it in some other manner.
(8) Subject to subsection (5), any person who authorizes the publication of an election advertisement is taken to have published the advertisement for the purposes of this section.
(9) (Repealed 11 of 2012 s. 30)