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Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021

Part 5
Ord. No. 13 of 2021
Section 21
A403

(c) must not enjoy any corresponding entitlement; and
(d) is not to be regarded as a Member for the purposes of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382).
(2D) The Court may, on the application of a person whose functions and duties as a Member are suspended under subsection (2A), lift the suspension.
(2E) If a person acts, or claims to be entitled to act, as a Member while his or her functions and duties as a Member are suspended under subsection (2A), the Secretary for Justice may apply to the Court for an interim injunction restraining the person from so acting or claiming.”.

(3) After section 73(4)—

Add
“(4A) If, in proceedings brought under this section, it is proved that the defendant was disqualified from acting as a Member beginning on a date, the defendant ceased to be entitled to any corresponding entitlement beginning on that date.
(4B) Despite section 24 of the Hong Kong Court of Final Appeal Ordinance (Cap. 484), notice of a motion for the purpose of an application for leave to appeal to the Court of Final Appeal under section 22(1)(d) of that Ordinance must be filed within 14 working days after the date on which the written judgment of the Court to be appealed from is handed down, and the applicant must give the opposite party 3 days’ notice of his or her intended application at any time during the period of 14 working days.”.