‘Pity’ that Beijing interpreted Basic Law during oath-taking saga, former Hong Kong justice chief says

Wong Yan-lung calls move ‘strongly politically motivated’, says it could have been avoided

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Former secretary for justice Wong Yan-lung said previous interpretations of the Basic Law were ‘non-political’. Photo: Nora Tam

Published: 10:11am, 27 Oct 2017Updated: 1:34pm, 27 Oct 2017

Hong Kong’s former justice minister Wong Yan-lung said on Thursday it was “a pity” that Beijing interpreted the Basic Law, the city’s mini-constitution, last November in the row over improper oath-taking in the local legislature.

Wong called the move “strongly politically motivated” and said it should not have been necessary as the oath-taking saga was only about “some individuals’ political expression”.

In October last year, the Hong Kong government made a legal bid to oust pro-independence lawmakers-elect Sixtus Baggio Leung Chung-hang and Yau Wai-ching from the Legislative Council for deviating from the standard oath during their swearing-in.

The next month, before Hong Kong courts had reached a decision, the NPCSC – China's top legislative body – interpreted the local oath ordinance in what critics considered a controversial move to ensure the localist duo lost their seats.

Wong, who was secretary for justice between 2005 and 2012, was speaking at a seminar on the Basic Law at the University of Hong Kong.

“We must understand and accept that from the constitutional and legal perspective, the National People’s Congress Standing Committee undoubtedly has the power to interpret every single clause of the Basic Law,” he said.

“But at the same time, there is no doubt that such power must be exercised with extreme restraint and only when it is unavoidable.”

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