30. When a voter is disqualified from voting at subsector election
(1) A person registered as a voter for a subsector is disqualified from voting at a subsector election for that subsector, if the person—
- (a) has ceased to be eligible to be registered as a voter for that subsector;
- (b) 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;
- (c) on the date of the relevant subsector election, is serving a sentence of imprisonment;
- (d) without limiting paragraph (b), 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;
- (e) 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
- (f) is a member of the armed forces of the People’s Republic of China or any other country or territory.
(2) This section applies to an authorized representative of a corporate voter in the same way as it applies to a voter who is a natural person.
31. Consequences of non-compliance with requirements of this Schedule
In any proceedings brought to question the validity of a subsector election, the Revising Officer shall not declare the election to be invalid only because of—
- (a) a failure to comply with the regulations or with the EAC Regulations; or
- (b) a mistake in the use of a form specified under this Schedule or under the Electoral Affairs Commission Ordinance (Cap. 541),
if the Revising Officer is satisfied on reasonable grounds that the conduct of the election was in accordance with the principles laid down in this Schedule and the Electoral Affairs Commission Ordinance (Cap. 541) and that the failure to comply or mistake did not affect the result of the election.
32. Misnomer or inaccuracy not to affect operation of election document
(1) A misnomer or inaccurate description of a person, a person’s identity document or place specified in a document to which this section applies does not limit the full operation of the document with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood.
(2) This section applies to a subsector provisional register, a subsector final register, a nomination paper, ballot paper, notice or other document prepared for the purposes of a subsector election.
(3) In this section—
“identity document” (身分證明文件) means—
- (a) an identity card issued to a person under the Registration of Persons Ordinance (Cap. 177);
- (b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or
- (c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person’s identity.
