Hong Kong

Population Statistics

7,141,106

Total Population

1,071,166

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

Hong Kong has not yet signed the Convention on the Rights of Persons with Disabilities


Legislative Council Ordinance (1997, last amended 2012)

Updated: June 2015

Section 15 states: 

(1) A Member's office becomes vacant if the Member- …

  • (d) is the President and has been found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs; or
  • (e) is declared in accordance with Article 79 of the Basic Law to be no longer qualified to hold that office. (1A) A person disqualified under subsection (1)(d) is eligible for re-election if, under the Mental Health Ordinance (Cap 136), it is subsequently found that the person has become capable of managing and administering his or her property and affairs…

 

Section 31, subsection 1 states: 

A natural person is disqualified from being registered as an elector for a constituency if the person- …

  • (d) is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs…

 

Section 39 states:

…(2) A person is also disqualified from being nominated as a candidate at an election if the person has been found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs…

(3) A person is also disqualified from being elected as a Member if the person has been found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs…

 

Section 53, subsection 5 states:

An elector is also disqualified from voting at an election if the elector- …

  • (d) is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs…

 

Section 81 states:

Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of this Ordinance. 

 

Excerpts from the Legislative Council Ordinance (1997, last amended 2012) 

District Councils Ordinance (1999, last amended 2014)

Updated: June 2015

Section 14 states: 

…(2) An appointed member is also disqualified from holding office if the person is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs. (3) Subsection (2) does not prevent a person from being eligible for appointment as a member if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person has become capable of managing and administering his or her property and affairs…

 

Section 19 states: 

…(2) An ex officio member is also disqualified from holding office if the person is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs. (3) Subsection (2) does not prevent a person from holding office as an ex officio member if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person has become capable of managing and administering his or her property and affairs…

 

Section 21 states:

…(2) A person is also disqualified from being nominated as a candidate at an election if the person is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs.

(3) A person is also disqualified from being elected as an elected member if the person is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs.

 

Section 24 states:

…(3) An elected member is also disqualified from holding office if the person is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs.

(4) Subsection (3) does not prevent a person from being eligible to be a candidate at an election if subsequently it is found under the Mental Health Ordinance (Cap 136) that the person has become capable of managing and administering his or her property and affairs…

 

Section 30 states: 

An elector is disqualified from voting at an election if the elector...

  • (e) is found under the Mental Health Ordinance (Cap 136) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs…

 

Section 66, subsection 2 states: 

The Vice Chairman is to perform the duties of the Chairman (including presiding at meetings) if the Chairman is unable to act, is absent or if the office of the Chairman becomes vacant.

 

Section 78 states: 

Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of this Ordinance.

 

Excerpts from the District Councils Ordinance (1999, ;ast amended 2014)

Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China ...

Updated: June 2015

Article 52 states:

The Chief Executive of the Hong Kong Special Administrative Region must resign under any of the following circumstances:

  • (1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons…

 

Article 79 states: 

The President of the Legislative Council of the Hong Kong Special Administrative Region shall declare that a member of the Council is no longer qualified for the office under any of the following circumstances:

  • (1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons...

 

Article 89 states:

A judge of a court of the Hong Kong Special Administrative Region may only be removed for inability to discharge his or her duties, or for misbehaviour, by the Chief Executive on the recommendation of a tribunal appointed by the Chief Justice of the Court of Final Appeal and consisting of not fewer than three local judges. The Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region may be investigated only for inability to discharge his or her duties, or for misbehaviour, by a tribunal appointed by the Chief Executive and consisting of not fewer than five local judges and may be removed by the Chief Executive on the recommendation of the tribunal and in accordance with the procedures prescribed in this Law.

 

Excerpts from the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (1997)