Malaysia legislation
Section 28
Section 28
Where, upon the trial of an election petition respecting an election, the Election Judge reports that a candidate of such election has been guilty by his agents of the offence of treating or undue influence or of any other corrupt or illegal practice in reference to such election, and the Election Judge further reports, after giving the Attorney General, or in the case of an election to the Legislative Assembly in Sabah and Sarawak, the
State Attorney General, an opportunity of being heard, that the candidate has proved to the Court—
(a)
that no corrupt or illegal practice was committed at such election by the candidate or his election agent and the offences mentioned in the said report were committed contrary to the orders and without the sanction or connivance of such candidate or his election agent;
(b)
that such candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at such election;
(c)
that the offences mentioned in the said report were of a trivial, unimportant and limited character; and
(d)
that in all other respects the election was free from any corrupt or illegal practice on the part of such candidate and of his agents, then the election of such candidate shall not, by reason of the offences mentioned in such report, be void, nor shall the candidate be subject to any incapacity under this Act.
Power to except innocent act from being illegal practice, etc.