The Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China (Adopted at the Third Session of the Seventh National People’s
Congress on April 4, 1990)
58
Instrument A101
Article 78
Members of the Legislative Council of the Hong Kong Special
Administrative Region shall not be subjected to arrest when attending or on
their way to a meeting of the Council.
Article 79
The President of the Legislative Council of the Hong Kong Special
Administrative Region shall declare that a member of the Council is no
longer qualified for the office under any of the following circumstances:
(1) When he or she loses the ability to discharge his or her duties as a
result of serious illness or other reasons;
(2) When he or she, with no valid reason, is absent from meetings
for three consecutive months without the consent of the President of the
Legislative Council;
(3) When he or she loses or renounces his or her status as a permanent
resident of the Region;
(4) When he or she accepts a government appointment and becomes a
public servant;
(5) When he or she is bankrupt or fails to comply with a court order
to repay debts;
(6) When he or she is convicted and sentenced to imprisonment for
one month or more for a criminal offence committed within or outside the
Region and is relieved of his or her duties by a motion passed by twothirds of the members of the Legislative Council present; and
(7) When he or she is censured for misbehaviour or breach of oath by
a vote of two-thirds of the members of the Legislative Council present.