8
Qualification for nomination as a candidate.
(Cap. 367.)
Disqualification for election or holding office.
(Cap. 288.)
(Cap. 201.)
PART V
QUALIFICATION FOR CANDIDATURE AND ELECTION OF MEMBERS AND MATTERS CONNECTED THEREWITH
20. (1) Subject to subsection (2), any person, unless disqualified by virtue of this Ordinance or any other enactment, shall be qualified for nomination as a candidate in an election if
(a) in the case of an electoral college constituency, he is entitled to be and is
registered as an elector under the Electoral Provisions Ordinance;
(b) in the case of a functional constituency-
(i) he shows to the satisfaction of the registration officer that he has a substantial connexion with that constituency; and
(ii) in relation to-
(A) an election held under section 3 in 1985, he is registered or entitled to be registered as an elector under the Electoral Provisions Ordinance;
(B) any other election, he is entitled to be and is registered as an elector
under that Ordinance.
(2) No person shall be qualified for nomination under subsection (1) as a candidate in an election unless he has ordinarily resided in Hong Kong for the 10 years immediately preceding the date of his nomination.
(3) A person shall not be validly nominated under subsection (1) as a candidate in an election unless he has lodged a deposit in such amount and in such manner as may be prescribed by regulations made under section 28.
21. A person shall be disqualified from being nominated as a candidate in an election or holding office as an elected Member if—
(a) in the case of a functional constituency, he has ceased to have a substantial
connexion with that constituency;
(b) he holds any public office (other than as a member of an auxiliary force) or any office of emolument in the gift or disposal of a public body or any committee thereof or having held such office has been dismissed therefrom; (c) he has in Hong Kong or any other place been sentenced to death or imprisonment (by whatever name called) for a term exceeding 3 months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor or received a free pardon;
(d) he has been convicted of treason;
(e) he is a member of any parliament, assembly or council, whether central or local, of any place outside Hong Kong or a salaried functionary of a government of such place;
(he is an undischarged bankrupt or, within the previous 5 years, he has either obtained his discharge in bankruptcy or has entered into a composition with his creditors, in either case without paying his creditors in full;
(g) without prejudice to paragraph (c), where the election is to be held or is held within 10 years from the date of his conviction he has been convicted--
(i) of any offence in Hong Kong or any other place in respect of which he has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine;
(ii) of a corrupt practice or illegal practice within the meaning of the Corrupt and Illegal Practices Ordinance, other than the illegal practice consisting of a contravention of any of the provisions of section 19(2) of that Ordinance, or of a corrupt or illegal practice within the meaning of any other enactment providing for the punishment of corrupt or illegal practices;
(iii) of any offence under the Prevention of Bribery Ordinance; or
H
(h)
sion
on the date of his nomination or of the election he is serving a sentence of imprisonment.
22. No person shall be nominated in an election as a candidate in more than one Prohibition constituency.
PART VI
ELECTIONS
on being nominated
in more than one constituency.
23. (1) For the purposes of an election in any constituency, the Governor shall Returning officer appoint a returning officer for that constituency and such number of assistant and staff. returning officers as he thinks fit.
(2) Notice of the appointment of a person as returning officer and his address shall be published in the Gazette.
(3) A returning officer shall be provided with such staff as may be required from time to time.
24. (1) A returning officer shall, subject to this Ordinance, supervise the Supervision election for which he is appointed.
(2) An election shall not be held if it is countermanded in accordance with regulations made under section 28.
of elections.
25. (1) An election shall not be invalidated by non-compliance with the Saving. provisions of any regulations made under this Ordinance or by mistake in the use of any specified form if it appears to the Court that the election was conducted in accordance with the principles laid down in this Ordinance and that the non- compliance or mistake did not affect the result of the election.
(2) No misnomer or inaccurate description of any person (including, in the case of an individual, that person's identity card) or place named in any register, nomination paper, ballot paper, or notice shall affect the full operation of that document with respect to that person or place, in any case where the description of the person or place is such as to be commonly understood.
26. (1) An election, unless questioned by an election petition within the period Presumption fixed by section 33 for the presentation of such election petition, shall be deemed to be of validity a good and valid election.
(2) An election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person supervising the election, if that person was then in actual possession of, or acting in, the office responsible for supervising the election.
of election.
27. (1) Any person appointed to be a returning officer or assistant returning Penalties officer at an election who neglects or refuses to perform the functions of his office in concerning supervision relation to that election commits an offence and is liable to a fine of $5,000.
of elections.
(2) No prosecution for an offence under subsection (1) shall be instituted without the consent of the Attorney General.
(3) A person shall not be liable to conviction under subsection (1) unless the complaint or information is laid within 3 months from the date of the commission of the offence.
28. The Governor in Council may by regulations provide for the general Power to make supervision of and procedure at elections and, without prejudice to the generality of regulations in the foregoing, such regulations may provide for-
(a) the nomination of candidates, the filing of consent to any such nomination
and the withdrawal of any such nomination;
(b) the lodgement and amount of deposits by or on behalf of candidates and the
forfeiture thereof;
respect of
Part VI.