Cap 541L s 93 Court may grant relief for election advertisements (Electoral Procedure (Village Representative Election) Regulation; Electoral Affairs Commission Ordinance)

Contents of Section

Chapter:	541L	Title:	Electoral Procedure (Village Representative Election) Regulation	Gazette Number:	11 of 2012
Section:	93	Heading:	Court may grant relief for election advertisements	Version Date:	01/06/2012

(1) A person who publishes an election advertisement without complying with section 92(1)(a) or (4) may apply to the Court for an order under subsection (2).
(2) On the hearing of an application made under subsection (1), the Court may make an order excepting the act which would, but for the order, constitute an offence under subsection (9) of section 92, from the relevant requirement under that section, but only if the Court—

(a) is satisfied that—

(i) the non-compliance was due to inadvertence, an accidental miscalculation or any reasonable cause and was not due to bad faith; and

(ii) if 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 act be so excepted.

(3) If an application is made under subsection (1), no prosecution against the applicant for not having complied with section 92(1)(a) or (4) 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 under section 92(9) if the non-compliance by the applicant with section 92(1)(a) or (4) is the subject of an order made under subsection (2).