Anti-China lawmakers lose appeal over ban
TWO pro-independence Hong Kong lawmakers lost their appeal against a ban preventing them from taking up their seats in parliament as Beijing faces accusations of stepping up interference in the city’s politics.
Baggio Leung and Yau Wai-ching, deliberately misread their oaths of office, inserted expletives and draped themselves with “Hong Kong is not China” flags during a swearing-in ceremony in October.
They are part of a new movement advocating a complete split from Beijing for semi-autonomous Hong Kong, as young pro-democracy campaigners grow frustrated with a lack of political reform.
Beijing hit out at the elected pair in a special “interpretation” of the city’s constitution earlier in November that effectively prevented them from taking up their seats because of the way they took the oath.
Following Beijing’s protest, Hong Kong’s High Court ruled the two lawmakers should be disqualified from the legislature because their oaths were invalid, in an unprecedented judicial review brought by the city’s leader and justice secretary.
Ms Yau and Mr Leung appealed, but lost out yesterday in a judgment that took Bejiing’s ruling into account, amid criticism that the separation of powers in Hong Kong has been compromised.
The Court of Appeal’s judgment referred to Beijing’s ruling as giving the “true meaning” to the part of the constitution that requires lawmakers to take an oath of allegiance to Hong Kong as a special administrative region of China.
The judgment said the court’s duty to apply the city’s constitution, known as the Basic Law, outweighed the doctrine of separation of powers and nonintervention.
Ms Yau and Mr Leung were originally offered a second chance at taking the oath by the president of the legislature, but Beijing stepped in to prevent that.
Its special interpretation of the Basic Law ruled that any oath-taker who does not follow the prescribed wording of the oath, “or takes the oath in a manner which is not sincere”, should be disqualified.
Yesterday’s appeal judgment said there could be “no dispute” that Ms Yau and Mr Leung had declined to take the oath.
They are now expected to take their case to the Court of Final Appeal for final arbitration.
The judgment came as the government announced plans to take a third democratically elected lawmaker to court over her oath-taking.
The department of justice said it would initiate proceedings against teacher Lau Siu-lai, a prominent activist who made her name during the city’s mass pro-democracy rallies in 2014.
It gave no further detail on the grounds for the case. –
Pro-independence lawmakers Baggio Leung (L) and Yau Wai-ching speak to the press outside the High Court in Hong Kong yesterday.