Hong Kong Ordinances

VILLAGE REPRESENTATIVE ELECTION ORDINANCE - SECT 23

When a person is disqualified from being nominated as a candidate and from being elected as a Village Representative

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

   (a)  is a judicial officer;

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

        (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;

   (c)  has been convicted of treason;

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

   (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;

        (ii)   of having engaged in corrupt or illegal conduct;

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

        (iv)   of any offence prescribed by the EAC Regulations;

   (f)  is ineligible to be a candidate at the election, or to be elected as a
        Village Representative for the Village, because of the operation of
        this Ordinance or any other law;

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

   (h)  is a member of any national, regional or municipal legislature,
        assembly or council of a 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 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 property and affairs, but a person disqualified under this subsection is
eligible to be nominated as a candidate at an election if it is subsequently
found under that Ordinance that the person has become capable of managing and
administering his property and affairs.

(3) A person is disqualified from being elected as a Village  Representative
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
property and affairs, but a person disqualified under this subsection ceases
to be disqualified if it is subsequently found under that Ordinance that the
person has become capable of managing and administering his property and
affairs.

(4) A person is disqualified from being elected as a Resident  Representative
for an Existing Village if, at any time after the close of nominations of
candidates for election for the Village, the person ceases to be a resident of
the Village.