(2) A person is not eligible to be nominated as a candidate at a subsector ordinary election if the person is—
- (a) a nominee of a designated body under section 7(1); or
- (b) 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).
(3) A person is not eligible to be nominated as a candidate at a subsector by-election if—
- (a) the person is a nominee of a designated body under section 7(2) and the period during which the nomination under that section is to be made and the nomination period for the by-election coincide or partly coincide; or
- (b) the person is a member of the Election Committee.
18. When a person is disqualified from being a subsector candidate
A person is disqualified from being nominated as a candidate at a subsector election and from being elected as a member of the Election Committee if the person—
- (a) has ceased to have a substantial connection with the subsector concerned;
- (b) has ceased to be registered or eligible to be registered as an elector for a geographical constituency;
- (c) 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;
- (d) on the date of nomination or on the date of the subsector election, is serving a sentence of imprisonment;
- (e) without limiting paragraph (c), where the subsector election is to be held or is held 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;
- (f) 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
- (g) is a member of the armed forces of the People’s Republic of China or any other country or territory.
19. Candidate to lodge deposit
(1) A person is validly nominated as a candidate for a subsector at a subsector election only if a deposit has, in the manner prescribed by the EAC Regulations, been lodged with the Returning Officer for the subsector concerned by or on behalf of the person.
(2) The deposit is to be of such an amount as prescribed by the regulations for the purposes of this section and is to be disposed of as provided by the regulations.
20. Person not to be nominated for more than one subsector
A person who is nominated as a candidate for a subsector at a subsector election is not eligible to be nominated as a candidate at another subsector election that is to be held on the same day or if the nomination periods for the elections coincide or partly coincide.
