Cap 541K s 32 Offences and penalties (Electoral Affairs Commission (Registration of Electors) (Village Representative Election) Regulation; Electoral Affairs Commission Ordinance)

Contents of Section

Chapter:	541K	Title:	Electoral Affairs Commission (Registration of Electors) (Village Representative Election) Regulation	Gazette Number:	E.R. 2 of 2012
Section:	32	Heading:	Offences and penalties	Version Date:	02/08/2012

(1) A person who in any-

(a) application;

(b) response to a requirement for particulars or proof made under section 12;

(d) request made under section 20 or 27;

(e) notice of objection; or

(f) notice of claim,

makes any statement which the person knows to be false in a material particular or recklessly makes any statement which is incorrect in a material particular or knowingly omits any material particular from such an application, response, reply, request or notice commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
(2) A person who directly or indirectly by himself or herself or any other person on his or her behalf conspires with, incites, compels, induces, coerces, intimidates or persuades any other person-

(a) to make a false statement on an application, response, reply, request or notice referred to in subsection (1); or

(b) to provide information which the first-mentioned person knows to be incorrect in a material particular on an application, response, reply, request or notice referred to in paragraph (a),

commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
(3) A person who-

(a) reproduces or permits another person to reproduce in any form any particular contained in an entry in a register or in an extract from a register;

(b) uses or permits another person to use any information relating to a person obtained for the purpose of compiling a register;

(c) uses or permits another person to use any information relating to a person contained in an entry in a register or in an extract from a register; or

(d) imparts to any other person any information referred to in paragraph (a), (b) or (c),

for a purpose other than a purpose related to an election, commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
(4) A person who fails to furnish information in response to a requirement under section 16 within the period the information is required to be furnished, commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
(5) Despite anything to the contrary in subsection (3), a person who contravenes section 31(4) commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months.
(6) It is a defence in any prosecution under subsection (4) for the person charged to prove that he or she did not have the required information or could not have reasonably ascertained that information or could not have otherwise reasonably provided that information.
(7) An offence under subsection (1) or (2) is to be an offence prescribed for the purposes of sections 14, 16 and 23 of the Election Ordinance. (10 of 2008 s. 76)
(8) An offence under subsection (3) or (5) is to be an offence prescribed for the purposes of section 23 of the Election Ordinance. (10 of 2008 s. 76)