Hong Kong Ordinances

VILLAGE REPRESENTATIVE ELECTION ORDINANCE - SECT 9

When a Village Representative is disqualified from holding office

(1) A person elected as a Village Representative is disqualified from holding
office 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)  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;

        (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;

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

   (f)  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

   (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.

(2) Subsection (1)(d) does not prevent a person from being eligible to be
nominated as a candidate at an election to be held after the expiration of 5
years after the date of the person's disqualification.

(3) A person elected as a Village Representative is 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 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.

(4) A person elected as a Village Representative for a Village is disqualified
from holding office if the person was not eligible to be nominated as a
candidate at an election for the Village under section 22.

(5) A person elected as a Resident Representative for an Existing  Village is
disqualified from holding office if, at any time after the election, the
person ceases to be a resident of the Village.