Page:Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021.pdf/24

Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021

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(b) for failure to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China,

the person’s functions and duties as a Member are suspended until the decision of the Court in the proceedings becomes final.

(2B) For the purposes of subsection (2A), a decision of the Court becomes final—

(a) if no motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(d) of the Hong Kong Court of Final Appeal Ordinance (Cap. 484) is filed by the end of the period specified under subsection (4B)—when that period expires; or

(b) if, before the end of that period, motion for the purpose of such an application is filed—

(i) when the application is abandoned or otherwise ceases to have effect;

(ii) when the application is refused; or

(iii) if the application is granted—

(A) when the appeal is abandoned or otherwise ceases to have effect; or

(B) when the appeal is determined.

(2C) If a person’s functions and duties as a Member are suspended under subsection (2A), the person—

(a) must not act as a Member;

(b) must neither exercise any function nor perform any duty of a Member;