### Electoral Affairs Commission Ordinance 《選舉管理委員會條例》

13. Members disqualified from nomination
(1) Subject to subsection (2)—
(a) a member, during his term of office, is disqualified from—
(i) (Repealed 21 of 2001 s. 61)(ii) becoming a member of the Election Committee; or (Amended 21 of 2001 s. 61)
(iii) becoming a member of the Executive Council;
(b) a member, during his term of office, is disqualified—
(i) from—
(A) being nominated as a candidate;
(B) acting or being appointed as agent of a candidate;
(C) subscribing in any capacity to the nomination of a candidate,
in an election;
(ii) (Repealed 21 of 2001 s. 61)(iii) from being a member of a District Council; (Added 8 of 1999 s. 89)
(c) a person who has ceased to hold office as a member of the Commission is disqualified during the period of 4 years beginning on the date he ceases to hold office, from—
(i) (Repealed 21 of 2001 s. 61)(ii) becoming a member of the Election Committee; (Amended 21 of 2001 s. 61)
(iii) becoming a member of the Executive Council;
(iv) holding office as a member of—
(A) the Legislative Council; or (Amended 8 of 1999 s. 89; 78 of 1999 s. 7)
(B) (Repealed 78 of 1999 s. 7)(C) a District Council; (Replaced 8 of 1999 s. 89)
(v) being nominated as a candidate in an election;
(vi) acting or being appointed as the agent of a candidate in an election; or (Amended 21 of 2001 s. 61)
(vii) subscribing in any capacity to the nomination of a candidate in an election. (Amended 21 of 2001 s. 61)
(viii) (Repealed 21 of 2001 s. 61)(2) Subsection (1) shall not apply in relation to a person who ceases to hold office as a member within 14 days of the date of his appointment.
(3) Subsections (1) and (2) shall apply in relation to a member of a committee established or appointed under section 7(1)(g), subject to necessary modifications, as if they apply in relation to a member of the Commission.

### Electoral Affairs Commission Ordinance 《選舉管理委員會條例》

14. Immunity
(1) No liability shall be incurred by—
(a) the Commission in respect of anything done, or omitted to be done, by it in good faith in the performance of a function or the purported performance of a function under this or any other Ordinance; or
(b) any other person in respect of anything done, or omitted to be done, by him in good faith in the performance of a function or the purported performance of a function under this Ordinance.
(2) Without limiting the generality of subsection (1), it is declared that for the purposes of the law of defamation, any comment made under section 5(e) or the publication of any matter relating to a complaint made under section 6(3), in any communication, report or statement, in writing or otherwise, shall be absolutely privileged.

15. Commission not to be regarded servant or agent of Government
The Commission shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government.

16. Unauthorized use of Commission name
(1) A person shall not incorporate, form, be a director, office bearer or organizer of, or work in connection with, or be a member of, any body of persons, whether corporate or unincorporate, which without the written consent of the Commission—
(a) holds itself out to be—
(i) the Commission or a part thereof; or
(ii) in any way connected or associated with the Commission;
(b) uses the title “Electoral Affairs Commission” or “選舉管理委員會” or a title in any language which so closely resembles that title so as to be capable of misleading any person into believing that the body of persons is—
(i) the Commission or a part thereof; or
(ii) in any way connected or associated with the Commission.
(2) Any person who contravenes subsection (1) commits an offence and is liable—
(a) on summary conviction, to a fine at level 2 and to imprisonment for 3 months; and
(b) on conviction on indictment, to a fine at level 4 and to imprisonment for 6 months.

### Electoral Affairs Commission Ordinance 《選舉管理委員會條例》

17. Definitions
(1) In this Part—
District (地方行政區) has the meaning given by section 2 of the District Councils Ordinance (Cap. 547); (Added 19 of 2023 s. 97)
election (選舉) means a general election or an ordinary election; (Replaced 8 of 1999 s. 89)
population quota (標準人口基數), in relation to a general election, means the total population of Hong Kong divided by the total number of members to be returned for all the geographical constituencies in that election. (Replaced 8 of 1999 s. 89. Amended 19 of 2023 s. 97)
(Amended 19 of 2023 s. 97)(2) In this Part—
(a) a reference to the population of Hong Kong is to be construed as a reference to the population of Hong Kong as estimated by the Commission under section 20(6); and
(b) a reference to the population of a District is to be construed as a reference to the population of the District as estimated by the Commission under section 20(6). (Replaced 19 of 2023 s. 97)