PART JA
PROCEDURES FOR PARTICULAR MOTIONS

49A.Application of this Part

In any matter not provided for in this Part, the Rules in other Parts shall apply as appropriate.
(L.N. 311 of 1998)

49B.Disqualification of Member from Office

(1)A motion to relieve a Member of his duties as a Member under Article 79(6) of the Basic Law shall be moved in the following form:

"That whereas (name of Member) was convicted on (date) in (court) in (place) of a criminal offence(s) and was sentenced on (date) by (court) to imprisonment for one month or more (as particularized in the Schedule to this motion), this Council relieves (name of Member) of his/her duties as a Member of the Legislative Council.".

(1A)A motion to censure a Member under Article 79(7) of the Basic Law shall be moved in the following form:

"That this Council, in accordance with Article 79(7) of the Basic Law, censures (name of Member) for misbehaviour/breach of oath under Article 104 of the Basic Law/misbehaviour and breach of oath under Article 104 of the Basic Law (details as particularized in the Schedule to this motion).".
(L.N. 107 of 1999)

(2)No amendment may be moved to a motion moved under subrule (1) or (1A).       (L.N. 107 of 1999)

(2A)Upon the moving of a motion under subrule (1A), debate shall be adjourned and the matter stated in the motion shall be referred to an investigation committee unless the Council, on a motion which may be moved without notice by any Member, otherwise orders. If the latter motion is agreed to by the Council, no further action shall be taken on the motion moved under subrule (1A).       (L.N. 107 of 1999)

(3)The passage of a motion moved under subrule (1) or (1A) shall require a two-thirds majority vote of the Members present.     (L.N. 107 of 1999)

(4)Where the Council has decided to relieve a Member of his duties or to censure a Member, the President shall declare forthwith that the Member is no longer qualified for his office.     (L.N. 107 of 1999)
(L.N. 311 of 1998)