Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 40

What requirements are to be complied with by persons nominated as candidates

(Past version on 11/07/2003).
(Past version on 03/03/2000).
(Past version on 30/07/1999).
(Past version on 03/10/1997).

(1) A person is not validly nominated as a candidate for an election for a
constituency unless- (Amended 25 of 2003 s. 23)

   (a)  a deposit has, in the manner prescribed by regulations in force under
        the Electoral Affairs Commission Ordinance ( Cap 541), been lodged by
        or on behalf of the person with the Returning Officer concerned; and

   (b)  the nomination form includes or is accompanied by-

        (i)    a declaration to the effect that the person will uphold the
               Basic Law and pledge allegiance to the Hong Kong Special
               Administrative Region; and

        (ii)   a declaration as to the person's nationality and as to whether
               or not the person has a right of abode in a country other than
               the People's Republic of China; and

        (iii)  a promissory oath given by the person to the effect that, if
               elected, he or she will not do anything during his or her
               term of office that results in his or her- (Amended 48 of 1999
               s. 25) (A) becoming- (I) a prescribed public officer within the
               meaning of section  39 (5); or (II) an officer of the
               Legislative Council or a member of staff of The
               Legislative Council Commission; (Amended 48 of 1999 s. 25) (B)
               being sentenced to death in Hong Kong or any other place; (C)
               being convicted of treason; (D) being convicted- (I) of having
               engaged in corrupt or illegal conduct in contravention of the
               Elections (Corrupt and Illegal Conduct) Ordinance ( Cap 554);
               or (II) of an offence against Part II of the
               Prevention of Bribery  Ordinance ( Cap 201); or (III) of any
               offence prescribed by regulations in force under the
               Electoral Affairs Commission Ordinance ( Cap 541); (Replaced 10
               of 2000 s. 47) (E) being disqualified from being elected as a
               Member at an election because of the operation of this or any
               other law; (F) becoming a representative or salaried
               functionary of a government of a place outside Hong Kong; (G)
               becoming a member of any national, regional or municipal
               legislature, assembly or council of any place outside Hong
               Kong, other than a people's congress or people's consultative
               body of the People's Republic of China, whether established at
               the national or local level; (H) becoming a member of the armed
               forces of the Central People's Government or any other country
               or territory; or (I) in the case of a Member elected for a
               functional constituency, ceasing to have a substantial
               connection with the constituency.

(2) The person must sign the declarations.

(3) The deposit is to be of such an amount as is prescribed by the 
regulations for the purposes of this section.