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Hong Kong
General Right to Vote
Constitution
Basic Law
- Article 26 states, "Permanent residents of the Hong Kong Special Administrative Region shall have the right to vote and the right to stand for election in accordance with law."
Exclusion Based on Intellectual Disability
Electoral Law
Legislative Council Ordinance
(1997, last amended 2011)
- 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 affaris.”
- Section 39, subsection (2) states, “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 own property and affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under the Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs.”
- Section 39, subsection (3) states, “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 the Ordinance, it is subsequently found that the person has become capable of managing and administering his or her property and affairs.”
- Section 51, subsection (5) states, "An elector (including a member of the Election Committee) is also disqualified from voting at an election if the elector...(d) is, in accordance with the Mental Health Ordinance (Cap. 136) found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs..."
District Councils Ordinance
(1999, last amended 2011)
- 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”
- See Section 14(2), 19(2), 21(2) and (3), and 24(3) for disqualification from district council elections based on mental disability. These provisions are the same as those regarding the Legislative Council.
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