Cap 542 s 60H Recovery of payment of financial assistance (Legislative Council Ordinance)

Contents of Section

Chapter:	542	Title:	Legislative Council Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	60H	Heading:	Recovery of payment of financial assistance	Version Date:	02/08/2012

(1) Where a payment of financial assistance is made under this Part and the recipient (whether a list of candidates or a candidate) is not entitled to receive the whole or part of the amount paid—

(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) For the purposes of subsections (1) and (2), any amount paid in respect of a list of candidates consisting of more than one candidate, is taken to have been paid jointly and severally to those candidates.
(4) If a person (including a candidate on a list of candidates) 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.
(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.