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

5. What conduct does this Ordinance apply to
(Amended E.R. 2 of 2019)This Ordinance applies to all conduct concerning an election, whether the conduct is engaged in within Hong Kong or elsewhere.

5A. Effect of inclement weather warning on date and period
(1) In this section—
gale warning (烈風警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); 
inclement weather warning day (惡劣天氣警告日) means a working day on which a gale warning or a rainstorm warning is in force at any time during the ordinary business hours of the office of the appropriate returning officer or the appropriate authority, as may be appropriate; 
rainstorm warning (暴雨警告) has the same meaning as in the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); 
working day (工作日) means any Monday, Tuesday, Wednesday, Thursday or Friday other than a general holiday. 
(2) If—
(a) an act is required by section 34(3) or (4) or 37A(6)(a) to be done not later than or within a specified number of days after— (Amended 15 of 2016 s. 3)
(i) an event; or 
(ii) a date on which an event occurs; and 
(b) the last day of those days falls on an inclement weather warning day, 
the act may, despite that section, be done on the next working day, which is not an inclement weather warning day, following that last day. 
(3) If the date on which the period under section 34(7), 37(1A), (1B), (1D), (1F), (1H), (1J), (1L) or (1N) or 41(6) ends falls on an inclement weather warning day, the period is extended to end on the next working day, which is not an inclement weather warning day, following the date, and that section has effect accordingly. (Amended 15 of 2016 s. 3)
(Added 12 of 2014 s. 22)

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

6. What penalties can be imposed for corrupt conduct at elections
(Amended E.R. 2 of 2019)(1) A person who engages in corrupt conduct at an election commits an offence and is—
(a) if tried summarily, liable on conviction to a fine of $200,000 and to imprisonment for 3 years; or
(b) if tried on indictment, liable on conviction to a fine of $500,000 and to imprisonment for 7 years.
(2) A person may be convicted of an offence of having engaged in corrupt conduct at an election if the person is found to have engaged in the conduct before, during or after the election period.
(3) A court that convicts a person of having engaged in corrupt conduct must order the person to pay to the court—
(a) the amount or value of any valuable consideration received by the person or the person’s agents in connection with the conduct; or
(b) such part of the amount or value as that court specifies in the order.

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

8. Corrupt conduct to use or threaten to use force or duress against candidates or prospective candidates
(1) A person engages in corrupt conduct at an election if the person—
(a) uses force or duress, or threatens to use force or duress, against another person to induce the other person—
(i) to stand, or not to stand, as a candidate at the election; or
(ii) if the other person has been nominated as a candidate at the election, to withdraw the nomination; or
(b) uses force or duress, or threatens to use force or duress, against another person to induce the other person to get a third person—
(i) to stand, or not to stand, as a candidate at the election; or
(ii) if the third person has been nominated as a candidate at the election, to withdraw the nomination; or
(c) uses force or duress, or threatens to use force or duress, against another person because the other person or a third person—
(i) stood, or did not stand, as a candidate at the election; or
(ii) if the other person or the third person has been nominated as a candidate at the election, withdrew the nomination.
(2) A person is taken to have engaged in corrupt conduct of a kind referred to in subsection (1) even though the conduct was engaged in by another person, but only if the other person was acting with the person’s authority. That authority may be conferred expressly or by implication.

9. Corrupt conduct to engage in certain deceptive behaviour in relation to candidates and prospective candidates
(1) A person engages in corrupt conduct at an election if the person—
(a) by a deception, induces another person—
(i) to stand, or not to stand, as a candidate at the election; or
(ii) if the other person has been nominated as a candidate at the election, to withdraw the nomination; or
(b) by a deception, induces another person to get a third person—
(i) to stand, or not to stand, as a candidate at the election; or
(ii) if the third person has been nominated as a candidate at the election, to withdraw the nomination.
(2) A person is taken to have engaged in corrupt conduct of a kind referred to in subsection (1) even though the conduct was engaged in by another person, but only if the other person was acting with the person’s authority. That authority may be conferred expressly or by implication.

10. Corrupt conduct to deface or destroy nomination papers
A person engages in corrupt conduct at an election if the person, with intent to prevent or obstruct another person from standing for election, defaces or destroys a completed or partly completed nomination paper.

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

12. Corrupt conduct to provide others with refreshments and entertainment at election
(1) A person engages in corrupt conduct at an election if the person provides, or meets all or part of the cost of providing, food, drink or entertainment for another person for the purpose of inducing the other person or a third person—
(a) to vote at the election for a particular candidate or particular candidates; or
(b) not to vote at the election, or not to vote at the election for a particular candidate or particular candidates.
(2) A person engages in corrupt conduct at an election if the person provides, or meets all or part of the cost of providing, food, drink or entertainment for another person because the other person or a third person—
(a) has voted at the election for a particular candidate or particular candidates; or
(b) has not voted at the election, or has not voted at the election for a particular candidate or particular candidates.
(3) A person engages in corrupt conduct at an election if the person solicits, accepts or takes food, drink or entertainment—
(a) as an inducement to vote at the election for a particular candidate or particular candidates; or
(b) as an inducement not to vote at the election, or not to vote at the election for a particular candidate or particular candidates.
(4) A person engages in corrupt conduct at an election if the person solicits, accepts or takes food, drink or entertainment—
(a) as a reward for having voted at the election for a particular candidate or particular candidates; or
(b) as a reward for not having voted at the election, or not having voted at the election for a particular candidate or particular candidates.
(5) A person does not engage in corrupt conduct of a kind referred to in subsection (1) only because the person has, at an election meeting, served non-alcoholic drinks of any kind. An election meeting is any meeting held to promote or prejudice the election of a particular candidate or particular candidates.
(6) A person is taken to have engaged in corrupt conduct of a kind referred to in subsections (1) to (4) even though the conduct was engaged in by another person, but only if the other person was acting with the person’s authority. That authority may be conferred expressly or by implication.