Court ruling disqualifying Hong Kong lawmakers over oath-taking controversy ‘a declaration of war’

An intense political drama gripped Hong Kong on Friday as the High Court stripped four opposition lawmakers of their seats in the legislature for improper oath-taking, in a tough ruling that further alienates the pan-democratic camp and sets the stage for months of legal appeals, protests and acrimony ahead.

“Long Hair” Leung Kwok-hung, Nathan Law Kwun-chung, Lau Siu-lai and Edward Yiu Chung-yim were disqualified by the Court of First Instance while in the middle of a Legislative Council meeting which was postponed for a day as they refused to leave the chamber immediately.

The court, ruling on legal action initiated by former chief executive Leung Chun-ying, was unambiguous in clarifying that oath-taking must be done strictly by the book with no additions or deviations – before, during or after an oath – no matter how well intended.

Mr Justice Thomas Au Hing-cheung based his ruling on both common law principles and a controversial interpretation of the city’s mini-constitution by China’s top legislature that earlier saw two newly elected pro-independence lawmakers kicked out of Legco for insulting the nation during their swearing-in.

“It is also not only to provide a legal basis to check and punish future breaches by the oath taker … It is also a constitutional legal requirement that the oath taker, in taking the oath, must also ­sincerely and truly believe in the pledges under the oath that he or she is taking,” he said.