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Non-attendance.
Ord. No. 13/85 LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)
8. If an elected Member fails throughout a period of 3 consecutive months in the same session of the Legislative Council to attend any sitting thereof he shall, unless the failure was due to some reason excused by the Governor, cease to hold office as an elected Member.
Casual vacancies.
9.
(Cap. 367.)
Declaration
of casual vacancy.
Election to fill casual vacancy.
Entitlement
to vote.
Qualification for
registration
as an elector.
First Schedule.
The office of an elected Member shall become vacant where-
(a) he becomes disqualified from holding office under section 6(2);
(b) he resigns under section 7;
(c) he ceases to hold office under section 8;
(d) he becomes disqualified from holding office as an elected Member under
section 21;
(e) he is convicted on a date after his election of an offence referred to in section
21(1)(g)(ii) or (iii);
(f) he ceases to hold office under section 40;
(g) a declaration that he is disqualified is made under section 44;
(h) he ceases to be registered as an elector under the Electoral Provisions
Ordinance;
(i) while an elected Member, he is elected as an elected Member in an election
held under section 11;
(j) he dies; or
(k) he becomes disqualified or ceases to hold office for any other reason.
10. Where the office of an elected Member becomes vacant under section 9, the Governor shall, by notice published in the Gazette within 21 days after the vacancy has come to his knowledge, declare that a vacancy exists in the Legislative Council.
11. Where the Governor makes a declaration under section 10 in respect of any constituency, an election to fill the vacancy shall be held in that constituency, and the result thereof published, in accordance with regulations made under section 28.
PART III
ELECTORAL FRANCHISE AND ELIGIBILITY TO REGISTER
12. (1) Subject to this Ordinance, a person shall be entitled to vote at an election in an electoral college constituency if, and shall not be so entitled unless, that person is registered as an elector in that constituency.
(2) Subject to this Ordinance, a person shall be entitled to vote at an election in a functional constituency if, and shall not be so entitled unless, that person is registered as an elector in that constituency.
13. (1) Subject to this Ordinance, a person shall be entitled to be registered as an elector in a constituency if, and shall not be so entitled unless—
(a) in the case of an electoral college constituency, that person is a person specified opposite that constituency in the second column of the First Schedule and is not disqualified under section 15; or
LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)
Ord. No. 13/85
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(b) in the case of a functional constituency and subject to subsection (2), that person is a person specified opposite that constituency in the third column of the Second Schedule and is not disqualified under section 15.
Second Schedule.
(2) No individual shall be entitled to be registered as an elector in a functional constituency unless he is registered as an elector under the Electoral Provisions (Cap. 367.) Ordinance.
(3) For the purpose of enabling individuals to vote in an election held under section 3 in 1985 subsection (2) shall have effect in relation to such election as if for "is registered" there were substituted "is registered or entitled to be registered".
14. (1) A person entitled to be registered in more than one electoral college Restriction on constituency may be registered in one such constituency only, of that person's choice. registration.
(2) A person entitled to be registered in more than one functional constituency may be registered in one such constituency only, of that person's choice.
15. (1) A person registered as an elector shall be disqualified from voting at an Disqualification election, if that person-
from voting or being registered.
(a) in the case of an electoral college constituency, has ceased to be an eligible person by reason of that person having ceased to be a person specified in the second column of the First Schedule; or
(b) in the case of a functional constituency, has ceased to be an eligible person by reason of that person having ceased to be a person specified in the third column of the Second Schedule.
(2) A person shall be disqualified from being registered as an elector, or even if registered, from voting at an election, if-
(a) he has in Hong Kong or any other place been sentenced to death or imprisonment (by whatever name called) for a term exceeding 6 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;
First Schedule.
Second Schedule.
(b) there is in force a decision under the Mental Health Ordinance that he is of (Cap. 136.)
unsound mind and incapable of managing himself and his affairs;
(c) he is a member of the regular armed forces of the Crown, not being-
(i) a locally enlisted member of such forces; or
(ii) a commissioned officer who has previously served as such an enlisted member;
(d) without prejudice to paragraph (a), where the election is to be held or is held within 7 years from the date of his conviction he has been convicted—
(i) of a corrupt practice or of an illegal practice within the meaning of the Corrupt and Illegal Practices Ordinance, other than the illegal practice (Cap. 288.) 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;
(ii) of any offence under the Prevention of Bribery Ordinance; or
(Cap. 201.)
(e) on the date he applies for registration or on the date of the election, he is
serving a sentence of imprisonment.
(3) An individual shall not be disqualified from voting at an election by reason only that he is lawfully employed for payment by or on behalf of a candidate at such election.