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:
(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 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