Alex Ho's candidature remains valid, despite him being detained on the Mainland, the Electoral Affairs Commission says.

The Department of Justice has advised that the Kowloon East Geographical Constituency candidate's detention 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 has 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.