1. If a person publishes a post on the social media appealing to voters to boycott the upcoming election, will he contravene the law? What is the consequence for another person to repost such content to other online or communication platforms?

The Elections (Corrupt and Illegal Conduct) Ordinance prohibits a person from inciting another person not to vote or to cast invalid vote at an election by carrying out any activity in public during the election period. Any person who engages in illegal appeals or reposts such unlawful contents also commits an offence. The ICAC undertakes to take rigorous action in accordance with the law against any conduct that seeks to manipulate or undermine elections, thereby safeguarding national security.

2. A person who is considering to run for the election discusses the matter with his family and friends during a private gathering. Does this constitute a public declaration of intention to stand nominated as a candidate in the election?

According to the Elections (Corrupt and Illegal Conduct) Ordinance, a "candidate" is defined not only as a person who stands nominated as a candidate at an election, but also a person who, at any time before the close of nominations for an election, has publicly declared an intention to stand as a candidate at the election. The law does not define what constitutes a "public" declaration of intention to stand nominated in an election, and each case should be considered on its own merits. Generally speaking, one would be considered having publicly declared his intention to run in an election when he announces it through his affiliating political party or an online platform. On the contrary, discussing one's intention to stand as a candidate with another person in private may not be considered a public declaration.

3. What should the chairman of an owners' corporation take heed of if he assists in the electioneering campaign of a candidate and agrees to the inclusion of the names of the chairman himself as well as the owners' corporation into the latter's election posters to show support to the candidate?

If a candidate includes in his election advertisement the name, logo or pictorial representation of a person or an organization to imply that he has the support of the person or organization concerned, he must obtain written consent from the relevant person or organization before the publication of the election advertisement. Therefore, the candidate should obtain prior written consent of support from both the chairman and the owners' corporation before publishing the election posters.

On the other hand, the chairman should note that he may commit an offence if he purports to give a written consent to the inclusion of the name of the owners' corporation in the candidate's election advertisement without having been approved by the governing body of the owners' corporation or by a resolution of the members passed at a general meeting.

4. Is it an offence for a supporter to print and distribute leaflets by himself to promote his favourite candidate? Can the supporter include negative information of other candidates in the leaflets?

The said leaflets produced for the purpose of promoting the election of a candidate is an election advertisement. The relevant expenses incurred for publishing such an election advertisement should be counted towards the election expenses of that candidate. According to the Elections (Corrupt and Illegal Conduct) Ordinance, only a candidate or a person being authorized in writing by the candidate as his election expenses agent can incur election expenses. Therefore, the supporter must obtain the candidate's prior written authorization to incur election expenses before printing and distributing the said leaflets; otherwise, he may be guilty of an offence. The law does not prohibit the publication of negative campaigns for the purpose of prejudicing the election of rival candidates. However, all contents published about a candidate must be true. Otherwise, the person who publishes such statements may violate the law.

5. Will a netizen breach the law if he publishes or shares a candidate's election advertisement on an online platform to show his support?

If a person (other than a candidate or a candidate's election expense agent) incurs election expenses including only the electricity charges and/or charges necessary for accessing the Internet, for the purpose of publishing or sharing an election advertisement on the Internet, that person will be exempted from the criminal liability of incurring electives expenses without authorization.

6. Could candidates attend events organized by district organizations during the election period?

Although the above event is not organized for promoting the election of the candidate concerned in the first place, it may be regarded as an election meeting if any person promotes the candidate's election during the event. In this case, all the expenses incurred for the said activity will have to be counted towards the candidate's election expenses and the organizer may contravene the law by incurring election expenses without authorization. Furthermore, it is an offence for any person to provide advantage, food, drink or entertainment with a view to inducing the participants to vote for the candidate. Candidates should act prudently while conducting his electioneering and avoid attending any functions that may easily cause suspicion of bribery. Any organizations, which organize non-election-related activities during the election period, should avoid mentioning election-related matters on the occasions.

7. Could "Care Teams" continue to provide community services such as distributing daily necessities or conducting home visits during the election period?

No person is allowed to provide advantage or service to electors in exchange for votes. "Care Teams" should refer to the "Guidelines for the Care Teams During Public Elections" issued by the Home Affairs Department when providing services or organizing activities during the election period. Some of the requirements as stated in the Guidelines include that Care Teams shall ensure services provided/activities organized must not involve any election-related activities, and the resources of Care Teams must not be used for election-related activities. Besides, relevant persons should not conduct any canvassing activities at the residences/offices of electors or venues of activities visited by electors; or release, exhibit or distribute any election advertisement in the common areas of buildings frequently visited by electors while carrying out Care Teams activities.

8. How should a candidate calculate his election expenses if he engages his friends to assist in his electioneering campaign by producing and publishing an online promotional video and conducting canvassing activities in the district using their vehicles?

If his friends assist in promoting the candidate's election in his own time, voluntarily, personally and free of charge, the service is regarded as "voluntary service" which is neither an election expense nor an election donation. Candidate is not required to include such service cost as his election expenses or to set it out in his election return. However, other relevant costs incurred incidental to the electioneering activities so arranged by his friends, such as equipment rental fees for video production and internet charges, do not fall within the definition of "voluntary service." The candidate has to include these costs in his election expenses.

If his friends provide their vehicles to the candidate free of charge for electioneering purposes, this constitutes an election donation and its value is also an election expense. The candidate should simultaneously set out the market rent of the relevant vehicles as an election expense and an election donation in his election return. If the value of an election donation is more than $1,000, the candidate is required to issue a receipt to each of the donors (i.e., his friends) specifying the name and address of the donors, and particulars of the donation. Copies of the relevant receipts must also be submitted with the election return. Other expenses incurred while the candidate has used the above vehicles for canvassing activities in the district, such as gasoline fees and vehicles decoration costs, should also be counted as the candidate's election expenses and clearly set out in his election return.

9. Is it an offence for the candidate's affiliating association to arrange free transportation service to take Kaifongs to the polling station to vote on the polling day?

It is an offence for a person to offer an advantage (including free transportation service) to electors for inducing the latter to vote or not to vote for a particular candidate or particular candidates at the election. Candidates and their supporters should ensure that their election campaign and canvassing activities are conducted without breaching the law. They should also be mindful of public perception to avoid causing any suspicion of election bribery or corrupt conduct.

10. Could a candidate appropriate the unused election donations after the election for providing community services in the future?

It is an offence to use election donations for a purpose other than meeting the candidate's election expenses, or for a purpose other than promoting the election of the candidate or prejudicing the election of another candidate. If the above election donations have not been used for election purpose, the candidate must, pursuant to the requirements of the law, ensure that the relevant election donations are given to a charitable institution or trust of a public character chosen by the candidate before the submission of his election return. He is also required to submit a copy of the receipt issued by the recipient organization together with his election return. Therefore, the candidate must not use his unused election donation for the purpose of providing community services in the future.