Interpretation of Basic Law ‘a way for Beijing to undermine power of Hong Kong’s judiciary, Legco’
Former Basic Law Drafting Committee member slams move to pre-empt decision by Hong Kong court over oath-taking controversy
A pan-democratic legal heavyweight has accused Beijing of using the oath-taking saga as an excuse to take away the power of the city’s judicial and legislative branches.
Martin Lee Chu-ming SC, who once helped draft the Basic Law in the late 1980s, also said it would be problematic if Beijing granted the legislature’s secretary general the power to invalidate lawmakers’ oaths by interpreting the city’s mini-constitution.
The Standing Committee of the National People’s Congress (NPCSC) is set to endorse a draft interpretation of Article 104 of the Basic Law, which relates to the oaths taken by lawmakers, in a bid to disqualify two pro-independence lawmakers who used derogatory language referencing China when they took their oaths last month. The draft interpretation is likely to prescribe the format and conduct for lawmakers who are swearing in and the consequences of non-compliance.
Lee criticised Beijing’s attempt to pre-empt a decision by the Hong Kong court, which has still to deliver its judgment after hearing arguments in the case where the government sought to disqualify Sixtus Baggio Leung Chung-hang and Yau Wai-ching last week.
“[With its interpretation], the NPCSC is trying to take away the [local] courts’ right to handle such important cases in future,” Lee said, adding that the courts would then have no choice but to rule based on the interpretation.
The senior counsel also accused Beijing of taking away the power of the Legislative Council by unnecessarily intervening in the matter.