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Legislative Council of Hong Kong
Hong KongPolitics

Oath-row intervention reflects Beijing’s distrust of Hong Kong judges, lawyers say

Timing of the National People’s Congress Standing Committee ‘unfortunate’, says Bar ­Association chairwoman Winnie Tam Wan-chi SC

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Beijing’s move to interpret the Basic Law in the oath-taking saga is an embarrassment of the Hong Kong court, says Johannes Chan. Photo: Dickson Lee
Joyce NgandEddie Lee

Beijing’s intervention into the oath-taking controversy involving two lawmakers has put the High Court in an embarrassing ­position that reflects the central government’s distrust of judges, lawyers say.

The timing of the National People’s Congress Standing Committee was “unfortunate”, Bar ­Association chairwoman Winnie Tam Wan-chi SC said.

“Because the judicial process has already started, [the interpretation] would leave an impression to Hongkongers and the international community that the central government does not trust the Hong Kong judicial system to solve the problem,” she said.

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Others urged the court not to be too concerned at the prospect of a ruling from the committee – particulary as this was the sentiment of society in 2001.

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In the case of the Director of Immigration v Chong Fung Yuen, the Court of Final Appeal ruled that a Hong Kong court, in interpreting the Basic Law, should not consider how the Standing Committee would react.

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