FORMER Appeal Court judge Simon Li Fook-sean is at odds with his daughter, Gladys Li QC, over the criteria for legislators elected in 1995 to serve beyond 1997 on the through-train. Ms Li, objecting to ''patriotism'' as one of the criteria, said the best and simplest method was to take an oath pledging allegiance to the Special Administrative Region and upholding the Basic Law. Under the ''one country, two systems'' policy there were occasions when legislators were called on to make a difficult choice over loyalty, she said, adding that the first choice should be to Hongkong. Mr Li, a vice-chairman of the working panel, had said that United Democrats Martin Lee Chu-ming and Szeto Wah should not qualify for the through-train because they carried out anti-China activities. He said these included burning copies of the Basic Law, calling on the United States to impose economic sanctions on China and calling on Hongkong people to stage a run on China-funded banks. Mr Lee and Mr Szeto Wah have threatened to sue Mr Li over the final accusation, which they firmly deny, unless he apologises. If they do not receive a reply by Tuesday afternoon, they will proceed with legal action. Mr Li yesterday refused to apologise. He said he had received the letter from the pair's lawyers. His daughter, a Bar Council member, did not agree with Mr Li's claim that burning the Basic Law was tantamount to not upholding it. ''I see the act of burning the Basic Law as simply a protest, if you like, against some of the provisions in the Basic Law,'' she said. Saying that some aspects of the Basic Law did not conform to the Joint Declaration, Ms Li added: ''I don't think the mere act of protest of burning the Basic Law means that you don't uphold the principles of the Basic Law, which is the future constitution for Hongkong.''