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Hong Kong Basic Law
Hong KongPolitics

Election laws in Hong Kong to be reviewed after court upholds ban on localist candidates

Constitutional affairs chief Patrick Nip welcomed High Court’s judgment and said government will look to see if adjustments are needed after recent developments

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The government will review election laws to see if adjustments are needed. Photo: Edward Wong
Jeffie Lam

A review of Hong Kong’s electoral laws will be conducted in the wake of a recent court ruling which affirmed officials’ power to ban candidates from elections because of their political views, the city’s constitutional affairs chief said on Sunday.

Secretary for Constitutional and Mainland Affairs Patrick Nip Tak-kuen also welcomed the judgment handed down by the High Court last week on the election petition filed by Andy Chan Ho-tin, the convenor of the Hong Kong National Party, who was barred from the 2016 Legislative Council elections on the grounds that he advocated independence for the city.

“The National People’s Congress Standing Committee (NPCSC) issued an interpretation of Article 104 of the Basic Law [Hong Kong’s mini-constitution] earlier while the court handed down a ruling on election-related matters,” Nip said in a pre-recorded interview with Commercial Radio aired on Sunday. “We will review the relevant laws based on the developments … to see if any areas require adjustment.”

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Patrick Nip welcomed the recent court judgment. Photo: K.Y. Cheng
Patrick Nip welcomed the recent court judgment. Photo: K.Y. Cheng
The 2016 interpretation by the NPCSC, China’s top legislative body, not only spelt out the manner in which officials and representatives should take their oaths – “sincerely” and “solemnly” – but also stipulated that anyone standing for public office should pledge to uphold the Basic Law before being allowed to run.
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The landmark ruling against Chan had determined that returning officers could bar candidates because of their political views – but only when presented with “cogent, clear and compelling” evidence that such hopefuls would not uphold the Basic Law.

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