Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021
Part 6
Ord. No. 13 of 2021
Section 26
A415
26. Section 79 amended (proceedings against persons on grounds of disqualification)
(1) Section 79, Chinese text, heading—
- Repeal
- “提出”
- Substitute
- “提起”.
(2) Section 79—
- Repeal subsection (2).
(3) Before section 79(3)—
- Add
- “(2A) Immediately after proceedings are brought by the Secretary for Justice under this section against a person on the ground that the person is disqualified from acting as a member—
- (a) for breach of an oath taken under section 19A of the Oaths and Declarations Ordinance (Cap. 11); or
- (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—
