Off the wire
• Philippine health department records 10 more new Zika cases  • Obama visits Athens amid draconian security measures  • Chinese premier sure of accomplishing major 2016 development goals  • Nigeria's inflation rate hits over 18 pct  • Fallen pilot bestowed military honors  • Russia's FSB detains IS-linked fighters in North Caucasus  • Nasri: Happy with Sevilla, grateful to Pep  • China Open Badminton qualification results  • Fighting in central Somali town displaces over 90,000: UN  • Athletes from 40 countries and regions to attend World Pencak Silat championship in Indonesia  
You are here: 　 Home

2nd LD: HK's High Court disqualifies two nation-insulting legislators-elect

Xinhua, November 15, 2016 Adjust font size:

Hong Kong's High Court on Tuesday ruled that two legislators-elect, who used insulting language against the Chinese nation while taking their oaths last month, must be disqualified as lawmakers.

The ruling came after the Hong Kong Special Administrative Region (SAR) government and Chief Executive Leung Chun-ying filed a judicial review on Oct. 18 against the decision by the president of the Legislative Council (LegCo) to give the pair a second chance to be sworn in.

Justice Thomas Au ruled in favor of the SAR government, finding that the oaths purportedly taken by the two are invalid and void and have no legal effect.

The duo manifested a clear conduct to refuse, thus "decline," to take the LegCo Oath, whether in form or in substance, as required under the Basic Law of the Hong Kong Special Administrative Region and the Oaths and Declarations Ordinance (ODO), according to the verdict.

The two legislators-elect have been disqualified from assuming office and have vacated their seats as members of the LegCo since Oct. 12, and are not entitled to act as members of the LegCo, the verdict said, adding the office of member of the LegCo previously occupied by each of the two is now vacant.

The court also ruled that the president of LegCo has no power to re-administer or allow for re-administration of any future oath-taking by the two.

In addition, it barred the duo from claiming to be entitled and/or acting as members of the LegCo.

The two legislators-elect, Leung Chung-hang and Yau Wai-ching, used derogatory language insulting the Chinese nation when reading out their oaths at a swearing-in ceremony on Oct. 12. Yau also diplayed a banner proclaiming "Hong Kong is not China."

Their provocative behavior has prompted the top legislature of the country, the National People's Congress (NPC) Standing Committee, to issue an interpretation of Article 104 of the Basic Law of Hong Kong SAR on Nov. 7, clarifying the implications and requirements of oath-taking by Hong Kong legislators-elect.

According to the interpretation, oath-taking must comply with the legal requirements in respect of its form and content. An oath taker must take the oath sincerely and solemnly, and must accurately, completely and solemnly read out the oath prescribed by law.

The interpretation is binding on all Hong Kong courts and the courts should give effect to it, according to the court ruling.

If an elected LegCo member intentionally declines to take the LegCo Oath as prescribed under the ODO, the oath taken is invalid and he or she shall be disqualified from assuming the office, it said.

The ruling came amid a public outcry in and outside Hong Kong against the deliberately challenging behavior of the two, as a joint signature drive to demand that they apologize and retract the insulting comments have so far gained support of over 1 million people online.

Meanwhile, an anti-independence rally in support of the NPC Standing Committee's interpretation of the Basic Law held in Hong Kong last Sunday saw the participation of more than 40,000 people. Endit