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The following is issued on behalf of the Electoral Affairs Commission:

The Electoral Affairs Commission noted the legal advice given by the Department of Justice on the candidature of Mr Ho Wai To, a Kowloon East Geographical Constituency candidate being detained on the Mainland.

The Department of Justice has advised that Mr Ho's detention on the Mainland does not amount to imprisonment in the context of the relevant provisions of Section 39 of the Legislative Council Ordinance, which provides for the disqualification of a person from being nominated as a candidate.

The Commission subsequently passed the legal advice to the Kowloon East Geographical Constituency Returning Officer for his reference. Having considered the advice, the Returning Officer is satisfied that Mr Ho's candidature remains valid.

Ends/Tuesday, August 24, 2004

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