Disqualifications

Disqualifications

Discrimination

The Disability Discrimination Ordinance (Cap. 487) (DDO) makes it unlawful to discriminate in the workplace against a person on the ground of their status as a mentally incapacitated person (MIP). Section 11 makes it unlawful to discriminate against a person on the grounds of disability (which includes mental illness and the malfunction of thought processes) in recruitment, promotion, or dismissal under. Please refer to “Disability Discrimination” for more information.

There is an exception under Section 12(2) of the DDO, where it is not unlawful to dismiss or refuse to hire a person with a disability if they are unable to carry out the inherent requirements of the particular employment. In the case of M v Secretary for Justice [2009] 2 HKLRD 298, the court stated if a mental incapacity prevents a professional from performing core duties, the disqualification is lawful.

Voting

MIPs who are incapable of managing and administering his property and affairs (same definition under Part II Mental Health Ordinance) cannot be registered as voters. Legislative Council Ordinance, section 31.

Jury service

MIP (who is not of sound mind) cannot serve as a juror: Jury Ordinance, section 4.

Driving

If any person suffers from any kind of disease or disability which might cause the driving by him/her to be a source of danger to the public, he/she should apply for driving ability assessment. This applies equally to physical and mental disability. 

Trustees

MIPs are disqualified from being a trustee. A substitute can be appointed: Trustee Ordinance, section 40B.

Executors and administrators 

MIPs are disqualified from being an executor or administrator of estates.