(2) A person is not eligible to be selected as a nominee under section 7(1) if the person—
- (a) is a Hong Kong deputy to the National People’s Congress or a Member of the Legislative Council (whether or not the person is an ex-officio member of the Election Committee); or
- (b) is a candidate at a subsector ordinary election.
(3) A person is not eligible to be selected as a nominee under section 7(2) if the person—
- (a) is a member of the Election Committee; or
- (b) is a candidate at a subsector by-election, the nomination period for which coincides or partly coincides with the period during which the nomination under that section is to be made.
(4) A person who is selected as a nominee by a designated body as a member representing the religious subsector on the Election Committee is not eligible to be selected by another designated body as such a member if the period during which the nominations are to be made coincides or partly coincides.
9. When a person is disqualified from being a nominee
A person is disqualified from being a nominee under section 7 if the person—
- (a) has in Hong Kong or in 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;
- (b) on the date of nomination, is serving a sentence of imprisonment;
- (c) without limiting paragraph (a), where the nomination is made within 3 years after the date of the person’s conviction, is or has been convicted—
- (i) of having engaged in corrupt conduct or illegal conduct in contravention of the Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554);
- (ii) of an offence against Part II of the Prevention of Bribery Ordinance (Cap. 201); or
- (iii) of any offence prescribed by the EAC Regulations;
- (d) is found for the time being under the Mental Health Ordinance (Cap. 136) to be incapable, by reason of mental incapacity, of managing and administering his property and affairs; or
- (e) is a member of the armed forces of the People’s Republic of China or any other country or territory.
10. Application of the Elections (Corrupt and Illegal Conduct) Ordinance
The Elections (Corrupt and Illegal Conduct) Ordinance (Cap. 554) applies, with any necessary modifications, to and in relation to the selection and nomination of persons to be members of the Election Committee under section 7 in the same way as it applies to and in relation to a subsector election and so applies as if the persons selected or nominated were candidates at a subsector election.
PART 4
Subsector Election
Division 1—Preliminary
11. Interpretation
(1) In this Part, unless the context otherwise requires—
