Hong Kong

Table of Contents:

• Exclusion or Potential Exclusion Based on Disability
• Candidacy or Holding Office

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Section 15 states: 

(1) A Member's office becomes vacant if the Member- …

• (d) is the President and has been 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
• (e) is declared in accordance with Article 79 of the Basic Law to be no longer qualified to hold that office. (1A) A person disqualified under subsection (1)(d) is eligible for re-election if, under the Mental Health Ordinance (Cap 136), it is subsequently found that the person has become capable of managing and administering his or her property and affairs…

 

Section 31, subsection 1 states: 

A natural person is disqualified from being registered as an elector for a constituency if the person- …

• (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…

 

Section 39 states:

…(2) A person is also disqualified from being nominated as a candidate at an election if the person has been 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 a Member if the person has been 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…

 

Section 53, subsection 5 states:

An elector is also disqualified from voting at an election if the elector- …

• (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…

 

Section 81 states:

Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of this Ordinance. 

 

Excerpts from the Legislative Council Ordinance (1997, last amended 2012) 

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Section 15 states: 

(1) A Member's office becomes vacant if the Member- …

• (d) is the President and has been 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
• (e) is declared in accordance with Article 79 of the Basic Law to be no longer qualified to hold that office. (1A) A person disqualified under subsection (1)(d) is eligible for re-election if, under the Mental Health Ordinance (Cap 136), it is subsequently found that the person has become capable of managing and administering his or her property and affairs…

 

Section 39 states:

…(2) A person is also disqualified from being nominated as a candidate at an election if the person has been 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 a Member if the person has been 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…

 

Section 81 states:

Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of this Ordinance. 

 

Excerpts from the Legislative Council Ordinance (1997, last amended 2012)