‘Hong Kong courts can decide fate of at least 10 lawmakers despite Beijing ruling’

Hong Kong judges have leeway to decide the fate of at least 10 pro-democracy lawmakers in the oath-taking saga despite Beijing’s ruling on the matter, a member of the Basic Law Committee says.

Albert Chen Hung-yee, an expert in constitutional law at the University of Hong Kong who sits on the body, said on Friday that the city’s courts were free to determine two issues: whether Beijing’s ruling had retroactive effect, and whether a court itself can overturn a verdict by the oath administrator.

“It did not state clearly whether the interpretation would bring any retrospective effect. It will be up to the Hong Kong courts to decide after considering common law principles and the Standing Committee’s interpretation system,” Chen said.

The Standing Committee’s interpretation of Article 104 of the city’s mini-constitution – which stated a lawmaker must be “sincere” and “solemn” in taking their oaths – is widely seen as effectively disqualifying two pro-independence lawmakers, who were already facing a judicial review launched by the government to stop them retaking their oaths.

Yau Wai-ching and Sixtus Baggio Leung Chung-hang used a derogatory term to describe China and pledged allegiance to the “Hong Kong nation” during their swearing-in at the Legislative Council in October.

Following Beijing’s ruling, eight more pro-democracy legislators – who had either chanted slogans or bought along props during the oath-taking ceremony – are embroiled in the saga as the High Court was asked by a citizen on Wednesday to declare their seats to be vacated, even though their oaths were validated by the Legco secretary general or president.