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Leung Chung-hang (L) and Yau Wai-ching .
Hong Kong’s High Court ruled yesterday that two legislators-elect who used insulting language against China while taking their oaths last month must be disqualified as lawmakers.
The ruling came after the Hong Kong Special Administrative Region government and Chief Executive Leung Chun-ying filed a judicial review on October 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 the oaths taken by the two to be invalid.
The pair manifested a clear intention to refuse to take the oath, whether in form or in substance Cheap Nike Air Max Womens , as required under the Basic Law of the Hong Kong Special Administrative Region and the Oaths and Declarations Ordinance, according to the verdict.
The two legislators-elect have been disqualified from assuming office and vacated their seats as members of the LegCo since October 12, and are not entitled to act as members, the verdict said Cheap Air Max 2018 Womens , adding that 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 pair from claiming to be entitled andor acting as members of the LegCo.
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 October 12. Yau also displayed a banner proclaiming “Hong Kong is not China.”
Their behavior prompted the country’s top legislature, the National People’s Congress Standing Committee, to issue an interpretation of Article 104 of Hong Kong’s Basic Law on November 7 Cheap Air Max 90 Womens , 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 Cheap Air Max Womens , according to the court ruling.
If an elected LegCo member intentionally declines to take the oath as prescribed, it is invalid and he or she shall be disqualified from assuming office.
Leung, the chief executive, said he welcomed the court’s decision and added that the SAR government would act in accordance with the law.
LegCo President Leung Kwan-yuen said that he respected the judgment of the court.
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