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Ord. No. 13/85
LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)
PART IV
LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS)
Ord. No. 13/85
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(ii) in relation to-
Registration officer and staff.
Coming into force of register.
Revising officer. (Cap. 87.)
(Cap. 227.)
Power to make
regulations in
respect of
Parts III
and IV.
Qualification for
nomination as a candidate.
(Cap. 367.)
REGISTRATION OF ELECTORS
16. (1) For the purpose of the registration of electors, the Governor may appoint a registration officer and such number of assistant registration officers as he thinks fit.
(2) Notice of the appointment of a person as registration officer and his address shall be published in the Gazette.
(3) The registration officer shall be provided with such staff as may be required from time to time.
17. (1) A final register shall come into force on the date of publication thereof and shall remain in force until the publication of the next final register in respect of the same constituency.
(2) The registration officer may rectify any clerical or printing error or any incorrect name, address or other personal particulars appearing in any register.
18. (1) The Chief Justice may appoint any magistrate or any legal officer (within the meaning of the Legal Officers Ordinance) to perform the functions of the revising officer.
(2) In the absence of an appointment under subsection (1), the Registrar shall perform the functions of the revising officer under and in accordance with this Ordinance.
(3) While the revising officer is sitting as such he shall have the powers and protection of a magistrate under sections 21, 22, 99, 125 and 126 of the Magistrates Ordinance and any decision of the revising officer on any appeal under this Ordinance shall be final.
19. The Governor in Council may by regulations provide for—
(a) the registration of electors;
(b) the form, compilation, revision and correction, and the manner of publica- tion, of a provisional register and a final register in respect of every constituency;
(c) the ascertainment of the qualifications of electors;
(d) the functions of a revising officer;
(e) appeals to a revising officer from decisions of the registration officer; () generally, the carrying into effect of Part III and this Part.
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
i
(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. (1) A person shall be disqualified from being nominated as a candidate in Disqualification an election or holding office as an elected Member if
for election or holding office.
(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 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;
(f) 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 (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;
(iii) of any offence under the Prevention of Bribery Ordinance; or
(h) on the date of his nomination or of the election he is serving a sentence of
imprisonment.
(2) A person shall be disqualified—
(Cap. 201.)
(a) from being nominated as a candidate in an election if there is in force a
decision under the Mental Health Ordinance that he is of unsound mind and (Cap. 136.) incapable of managing himself and his affairs;
(b) from holding office as an elected Member if a decision is made under the Mental Health Ordinance that he is of unsound mind and incapable of managing himself and his affairs, but a person disqualified under this paragraph shall be eligible for re-election if under that Ordinance it is subsequently found that his unsoundness of mind has ceased.