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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 Mental Disability
Electoral Law:
(1997 Draft)
Section 29, subsection (1) states: "A natural person is disqualified
from being registered as an elector for a constituency if that person
(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."
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
"
Section 37, subsection (2) states: "A person is also disqualified
from being nominated as a candidate at an election if, in accordance with
the Mental Health Ordinance (Cap. 136), the Court has found the person
to be of unsound mind and incapable of managing himself or herself and
his or her 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's unsoundness of mind has ceased."
Section 37, subsection (3) continues: "A person is also disqualified
from being elected as a Member if, in accordance with the Mental Health
Ordinance (Cap. 136), the Court has found the person to be of unsound
mind and incapable of managing himself or herself and his or her 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's unsoundness of mind has ceased."
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