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."