25 October 2016
Hong Kong Basic Law Committee member Albert Chen Hung-yee said the president of the Legislative Council should defer administration of oath to Leung Chung-hang and Yau Wai-ching, the two who have pro-Hong Kong independence tendencies, as the government initiated legal action to dispute their status as lawmakers.
It is understandable that LegCo President Andrew Leung Kwan-yuen permitted five lawmakers-elect to take the oath again after their initial oaths on Oct 12 were declared invalid, he said, adding that the LegCo chief should reconsider his decision in view of latest developments.
Speaking to China Daily in an exclusive interview, Chen, who is also a law professor at the University of Hong Kong, noted that Leung Chung-hang and Yau had carried with them a pro-independence banner and uttered words that insulted China during their oath on Oct 12.
He envisaged that the government would argue in court that based on their gestures and words, they were not swearing truthfully and their conduct amounted to the offense of "declining or neglecting to take an oath" as stated in Section 21 of the Oaths and Declarations Ordinance.
The law also stipulates that once a person, who declines or neglects to take an oath, has entered office, he should vacate it. If he has not taken office, he should be disqualified from entering office.
In Chen’s opinion, the LegCo president should defer administration of oath for Leung Chung-hang and Yau planned for Oct 26 until outcome of the court judgment.
"In accordance with the Rules of Procedure, the LegCo president has the authority to set the agenda of LegCo meetings,” said the professor... Click here to read the full article.