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Citizen’s legal bid to disqualify Hong Kong lawmakers over oath saga fails due to unpaid deposit

Retiree Lo King-yeung will also have to bear the legal costs of ‘king of votes’ Eddie Chu and Civic Passion’s Cheng Chung-tai

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Eddie Chu Hoi-dick appears at the High Court. Photo: Sam Tsang

Legal bids to unseat more Hong Kong pro-democracy lawmakers over the oath-taking saga have hit a wall after a judge on Monday disallowed a citizen’s challenge seeking the disqualification of two more legislators.

Retiree Lo King-yeung lodged lawsuits in March against “king of votes” Eddie Chu Hoi-dick – who won the largest number of ballots in the Legislative Council polls in September last year – and university lecturer Cheng Chung-tai of Civic Passion.
Lo had failed to promptly pay a deposit – known as a security cost – needed to kick-start the court battle. High Court Judge Thomas Au Hing-cheung refused to let him make the late payment, meaning the lawsuit could not proceed.

According to Chu and Cheng’s lawyers, Lo’s case was the last one lodged by private citizens regarding disqualifying pro-democracy lawmakers. There were a few earlier challenges of a similar nature but all failed to proceed.

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It is unlikely that any further bids will be lodged due to an earlier ruling in which the Court of Appeal set out in a judgment in another disqualification case that applications had to be filed within six months of the lawmakers’ swearing-in ceremony in October last year.

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Lo was also ordered to pay the legal costs of Chu and Cheng. He can still appeal.

Cheng Chung-tai at the High Court. Photo: Sam Tsang
Cheng Chung-tai at the High Court. Photo: Sam Tsang
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The court heard earlier that Lo’s solicitor firm Chin and Associates had formed a “misinformed view” on the relevant provision in the Legislative Council Ordinance, thinking that Lo would not have to pay the legal deposit unless Chu and Cheng’s side asked for it. His counsel Lawrence Ma Yan-kwok urged the court earlier not to “penalise” Lo for his solicitor’s mistake.

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