Today's RTHK Radio 3's morning programme, Backchat, discussed the latest controversy concerning the two elected Youngspiration members who failed to take the oath of office in the Legislative Council (LegCo) on 12 October 2016. Professor Albert Chen, Cheng Lan Yue Professor of Constitutional Law, joined the panel and explained the government's position. He noted that section 21 of the Oaths and Declarations Ordinance (Cap 11) deems a person, who declines or neglects to take an oath duly requested and required, to be disqualified from entering upon his office. He also said that in addition to bringing a judicial review, the government was also proceeding by section 73 of the Legislative Council Ordinance (Cap 542) which allows any elector or the Secretary for Justice to apply to the High Court against any person who acts or purports to be a LegCo members on the ground that they are disqualified from acting as such. If proven that the person acted as a LegCo member (or claimed to be entitled to so act) while disqualified from acting in that office, the court may make a declaration to that effect, grant an injunction restraining the person, and order the person to pay such sum not exceeding $5000 for each occasion he so acted while disqualified. Click here to listen to the discussion.
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