Failure to declare British passport by Hong Kong Legco presidential hopeful makes laws passed under his temporary tenure invalid, judicial review application argues

Cheung Chau resident Kwok Cheuk-kin requests High Court quash decisions made by Legco during Andrew Leung Kwan-yuen’s temporary presidency, saying his foreign right of abode contravened Article 71 of the Basic Law

PUBLISHED : Wednesday, 05 October, 2016, 5:06pm
UPDATED : Wednesday, 05 October, 2016, 10:31pm

Legislative Council presidential hopeful Andrew Leung Kwan-yuen’s failure to declare he still held a British passport while acting head of Hong Kong’s legislature was questioned by an activist via judicial review on Tuesday.

Cheung Chau resident Kwok Cheuk-kin, who has a record of challenging government policies, filed an application requesting the High Court quash decisions made by Legco during Leung’s temporary presidency.

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Leung took the helm during the previous Legco term in the absence of then president Jasper Tsang Yok-sing.

In his application for a judicial review, Kwok argued Leung had breached Article 71 of the Basic Law – the city’s mini-constitution.

The article stipulates the Legco chief shall be “a permanent resident of the region with no right of abode in any foreign country”.

Kwok said the laws enacted by the legislature under Leung’s presidency were invalid because the acting chief was a foreign passport holder at the time.

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Leung looks set to be elected as the new Legco president for the forthcoming legislative session after the pro-establishment bloc dismissed a plan proposed by his opponent to hold a primary election among the camp to choose its candidate ahead of the deadline for nominations.

The veteran functional constituency lawmaker, who said he had given up his British passport after he was returned to his seat uncontested in September’s Legco elections, was named as a co-defendant in the case.

The lawsuit was also filed against the secretary for constitutional and mainland affairs and Legco’s secretary general.