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Legislative Council of Hong Kong

Hong Kong waiter halves list of lawmakers he wants disqualified over alleged faulty oaths

Voice of Loving Hong Kong member amends High Court judicial review application to target six pan-democrats for the time being

PUBLISHED : Tuesday, 29 November, 2016, 8:34am
UPDATED : Wednesday, 30 November, 2016, 10:57am

A member of the pro-Beijing group, Voice of Loving Hong Kong, who had asked the High Court to disqualify 11 lawmakers over their oaths two weeks ago, said he only wanted six to go – for now.

In an amendment to his application for a judicial review of the validation of the lawmakers’ oaths, restaurant worker Ricky Chan Ka-wai asked for pan-democrats Cheng Chung-tai, Eddie Chu Hoi-dick, Nathan Law Kwun-chung, “Long Hair” Leung Kwok-hung, Shiu Ka-chun and Dr Edward Yiu Chung-yim to be stripped of their Legislative Council seats because they had failed to be sworn in according to Article 104 of the Basic Law.

“They made an obvious mistake,” the claimant said

The waiter dropped Raymond Chan Chi-chuen, Dr Fernando Cheung Chiu-hung, Roy Kwong Chun-yu, Lam Cheuk-ting, Andrew Wan Siu-kin and Dr Helena Wong Pik-wan – also pan-democrats – from his list.

But he did not rule out the possibility of filing a fresh suit against them later.

Edward Yiu was added to the list, making a total of 12 lawmakers Chan has targeted.

The waiter also named Legco president Andrew Leung Kwan-yuen as a respondent alongside Legco secretary general Kenneth Chen Wei-on, who had respectively validated the lawmakers’ oaths on October 18 and in the previous week.

The claimant sought a judicial review of the oath validation on the grounds that the president and the secretary general had failed to apply the “correct” legal principles in allowing Yiu and the other five to be sworn in.

He asked the court to quash the decisions in question and to order the six Legco seats to be vacated.

Yiu and the other five were among pan-democratic and localist lawmakers being picked on for adding words or using props when they took their oaths.

The lawsuits follow the government’s legal action against pro-independence legislators-elect Sixtus Baggio Leung Chung-hang and Yau Wai-ching, who were disqualified by the High Court on November 15. They are awaiting the result of an appeal.