Hong Kong Ordinances

LEGISLATIVE COUNCIL ORDINANCE - SECT 53

When an elector is disqualified from voting at an election

(Past version on 11/07/2003).
(Past version on 21/09/2001).
(Past version on 01/07/2000).
(Past version on 03/03/2000).
(Past version on 30/07/1999).
(Past version on 03/10/1997).

(1) A person registered as an elector is disqualified from voting at an
election if the person-

   (a)  in the case of a geographical constituency, has ceased to be eligible
        to be registered as an elector for such a constituency; or

   (b)  in the case of a functional constituency, has ceased to be a person
        eligible to be registered as an elector for such a constituency.
        (Amended 48 of 1999 s. 37)

(2)-(3) (Repealed 25 of 2003 s. 36)

(4) A person is disqualified from voting at an election as the
authorized representative of a corporate elector if the person-

   (a)  is no longer eligible to be the authorized representative of the
        elector; or

   (b)  is not registered as such a representative by the Electoral 
        Registration Officer.

(5) An elector is also disqualified from voting at an election if the elector-
(Amended 25 of 2003 s. 36)

   (a)  has, in Hong Kong or any other place, been sentenced to death or
        imprisonment (by whatever name called) and has not either-

        (i)    served the sentence or undergone such other punishment as a
               competent authority may have substituted for the sentence; or

        (ii)   received a free pardon; or

   (b)  on the date of the election, is serving a sentence of imprisonment; or

   (c)  without limiting paragraph (a), where the election is to be held or is
        held within 3 years after the date of the person's conviction, is or
        has been 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); or (Replaced
               10 of 2000 s. 47)

   (d)  is found under the Mental Health Ordinance ( Cap 136) to be incapable,
        by reason of mental incapacity, of managing and administering his or
        her property and affairs; or (Replaced 25 of 2003 s. 36)

   (e)  is a member of the armed forces of the Central People's Government or
        any other country or territory.

(6) Subsection (5) applies to the authorized representative of a
corporate elector in the same way as it applies to an elector who is a natural
person.