Hong Kong Ordinances

DISTRICT COUNCILS ORDINANCE - SECT 24

Disqualification of elected members

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

(1) An elected member is disqualified from holding office if the member-

   (a)  becomes-

        (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)  without limiting paragraph (b), after being elected, is 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)

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

   (f)  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

   (g)  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. (Amended 33 of 2002 s. 8)

(2) Subsection (1)(d) does not prevent a person from being eligible to be a
candidate at an election to be held 5 years after the disqualification.

(3) An elected member is also disqualified from holding office 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. (Amended 33 of 2002 s. 8)

(4) Subsection (3) does not prevent a person from being eligible to be a
candidate at an election if subsequently it is found under the Mental 
Health Ordinance ( Cap 136) that the person has become capable of managing and
administering his or her property and affairs. (Amended 33 of 2002 s. 8)

(5) Subject to subsection (7), an elected member is also disqualified from
holding office for the remainder of that member's term of office if the member
does not attend meetings of the District Council
for 4 consecutive months ("disqualifying period") without obtaining the
consent of the Council before the end of that period.

(6) The disqualifying period under subsection (5) begins on the day next
following the date of the meeting of the Council at which the member is first
absent without consent.

(7) If during the disqualifying period no meetings are held or only one
meeting is held, that period is extended to end immediately after the 3rd
consecutive meeting from which the member is absent.

(8) An elected member is also disqualified from holding office if the person
was not eligible to be nominated as a candidate under section  20 .