Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 21

When person is disqualified from being nominated as a candidate and from being elected as an elected member

(Past version on 03/03/2000).
(Past version on 19/03/1999).

(1) A person is disqualified from being nominated as a candidate at an
election, and from being elected as an elected member, if the person-

   (a)  is-

        (i)    a judicial officer; or

        (ii)   a prescribed public officer; or

   (b)  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

   (c)  has been convicted of treason; or

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

   (e)  without limiting paragraph (b), where the election is to be held or is
        held within 5 years after the date of the person's conviction, is or
        has been convicted-

        (i)    in Hong Kong or any other place, of an offence for which the
               person has been sentenced to imprisonment, whether suspended or
               not, for a term exceeding 3 months without the option of a
               fine; or

        (ii)   of having engaged in corrupt or illegal conduct in
               contravention of the
               Elections (Corrupt and Illegal Conduct) Ordinance ( Cap 554);
               or

        (iii)  of an offence against Part II of the Prevention of Bribery 
               Ordinance ( Cap 201); or

        (iv)   of any offence prescribed by regulations in force under the
               Electoral Affairs Commission Ordinance ( Cap 541); or (Replaced
               10 of 2000 s. 47)

   (f)  is ineligible to be a candidate or to be elected as an elected  member
        because of the operation of this Ordinance or any other law; or

   (g)  is a representative or a salaried functionary of the government of a
        place outside Hong Kong; or

   (h)  is 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 level or local
        level; or

   (i)  is an undischarged bankrupt or, within the previous 5 years, has
        either obtained a discharge in bankruptcy or has entered into a
        voluntary arrangement within the meaning of the Bankruptcy Ordinance (
        Cap  6) with the person's creditors, in either case without paying the
        creditors in full.

(2) A person is also disqualified from being nominated as a candidate at an
election if the person 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, but a person disqualified under this
subsection is eligible for nomination as a candidate if, under that Ordinance,
it is subsequently found that the person has become capable of managing and
administering his or her property and affairs.

(3) A person is also disqualified from being elected as an elected  member if
the person 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, but a person disqualified under this subsection
ceases to be disqualified if, under that Ordinance, it is subsequently found
that the person has become capable of managing and administering his or her
property and affairs. (Amended 33 of 2002 s. 7)