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

20. Corrupt conduct to lodge false or misleading election return
A candidate engages in corrupt conduct at an election if the candidate, in an election return lodged under section 37 or a copy of an election return lodged under section 37A, makes a statement that the candidate knows or ought to know is materially false or misleading whether or not the statement is the subject of a correction effected under section 37A.
(Amended 18 of 2011 s. 46)

21. Corrupt conduct to withdraw election petition or election appeal for a bribe
(1) A person engages in corrupt conduct at an election if the person, having lodged an election petition or an election appeal—
(a) withdraws the petition or appeal in return for an advantage solicited by the person or offered by another person; or
(b) solicits or accepts an advantage as an inducement to withdraw the petition or appeal.
(2) A person engages in corrupt conduct at an election if the person—
(a) offers an advantage to a person who has lodged an election petition or an election appeal as an inducement to withdraw the petition or appeal; or
(b) offers an advantage to another person to get the other person to induce or try to induce a person who has lodged an election petition or an election appeal to withdraw the petition or appeal.
(3) A person engages in corrupt conduct at an election if the person solicits or accepts an advantage as a reward for—
(a) having withdrawn an election petition or an election appeal; or
(b) having induced another person to withdraw such a petition or appeal.
(4) A person engages in corrupt conduct at an election if the person—
(a) offers an advantage to another person as a reward for having withdrawn or agreed to withdraw an election petition or an election appeal; or
(b) offers an advantage to another person as a reward for having got a person who has lodged an election petition or an election appeal to withdraw the petition or appeal.
(5) For the purposes of this section—
(a) a person solicits an advantage if the person asks for, or shows a willingness to receive, an advantage, either for the person’s own benefit or for the benefit of another person; and
(b) a person accepts an advantage if the person receives or obtains an advantage, or agrees to receive or obtain an advantage, either for the person’s own benefit or for the benefit of another person; and
(c) a person offers an advantage if the person confers, undertakes to confer or shows a willingness to confer, an advantage on another person.

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

22. What penalties can be imposed for illegal conduct at elections
(Amended E.R. 2 of 2019)(1) Any person who engages in illegal conduct at an election 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.
(2) A person may be convicted of an offence of having engaged in illegal conduct at an election if the person is found to have engaged in the conduct before, during or after the election period.

23. Illegal conduct for persons other than candidates and election expense agents to incur election expenses
(1) A person, other than a candidate or a candidate’s election expense agent, engages in illegal conduct at an election if the person incurs election expenses at or in connection with the election.
(1A) However, subsection (1) does not apply if—
(a) the person publishes an election advertisement on the Internet; and
(b) the only election expenses incurred by the person for the purpose of publishing the advertisement are either or both of the following charges—
(i) electricity charges;
(ii) charges necessary for accessing the Internet. (Added 1 of 2019 s. 30)
(2) (Repealed 14 of 2021 s. 372)(3) A candidate engages in illegal conduct at an election if election expenses incurred by the candidate or by the candidate’s election expense agent are not included in the candidate’s election return.
(4) An election expense agent engages in illegal conduct at an election if the agent incurs election expenses that exceed the amount specified in the agent’s authorization.
(5) For the purposes of this Ordinance, a person is an election expense agent of a candidate if— (Amended 14 of 2021 s. 372)
(a) the person is authorized in writing by the candidate to incur election expenses at or in connection with the election on behalf of the candidate; and
(b) the maximum amount of election expenses that the person is authorized to incur is specified in the authorization; and
(c) a copy of the authorization has been served on the appropriate returning officer.
(6) (Repealed 14 of 2021 s. 372)(7) An authorization referred to in subsection (5) remains in force until the end of the relevant election period unless it is revoked earlier. (Amended 14 of 2021 s. 372)

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

24. Illegal conduct for candidate to incur election expenses exceeding prescribed amount
(1) A candidate engages in illegal conduct at an election if the aggregate amount of election expenses incurred at or in connection with the election by or on behalf of the candidate exceeds the maximum amount of election expenses prescribed for a candidate by regulations in force under section 45.
(2) (Repealed 14 of 2021 s. 373)(3) In a prosecution alleging illegal conduct under this section by a candidate, it is a defence for the candidate to prove that the election expenses were incurred—
(a) without negligence by the candidate; and
(b) either without the candidate’s consent or in excess of an amount specified in an authorization under section 23.
(4) For the purposes of this section, the value of an election donation consisting of goods or services is taken to be an amount of election expense incurred by or on behalf of a particular candidate or particular candidates if the goods or services are used for the purpose of promoting the election of the candidate or candidates or of prejudicing the election of another candidate or other candidates.

25. Illegal conduct to publish false statement that a person is or is not a candidate
(1) A person engages in illegal conduct at an election if the person publishes a statement, knowing it to be false, that the person or another person is a candidate at the election.
(2) A candidate engages in illegal conduct at an election if the candidate publishes a statement, knowing it to be false, that the candidate is no longer a candidate at the election.
(3) A person engages in illegal conduct at an election if the person publishes a statement, knowing it to be false, that another person who has been nominated as a candidate is no longer a candidate at the election.

26. Illegal conduct to publish false or misleading statements about a candidate
(1) A person engages in illegal conduct at an election if the person publishes a materially false or misleading statement of fact about a particular candidate or particular candidates for the purpose of promoting or prejudicing the election of the candidate or candidates.
(2) A candidate engages in illegal conduct at an election if the candidate publishes a materially false or misleading statement of fact about the candidate or candidates with whom the candidate is associated, or about another candidate or other candidates, for the purpose of—
(a) promoting the election of the candidate or candidates with whom the candidate is associated; or
(b) prejudicing the election of the other candidate or candidates.
(3) For the purposes of this section, statements about a candidate or candidates include (but are not limited to) statements concerning the character, qualifications or previous conduct of the candidate or candidates.
(4) In a prosecution for an offence of having engaged in illegal conduct under subsection (1) or (2), it is a defence to prove that the defendant believed on reasonable grounds that the statement was true at the time when it was made.