Page:Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021.pdf/31

Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021 Part 6 Section 26 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—