CY Leung’s omission of ‘Hong Kong’ in 2012 oath does not make vow invalid, court hears
His lawyer also argued there were no good reasons to extend period within which retired civil servant’s judicial review application against chief executive should be made
Although Chief Executive Leung Chun-ying had omitted the words “Hong Kong” when he recited his oath in 2012, it should not render the vow invalid, the High Court heard on Thursday, as the oath-taking saga triggered last year by the actions of two pro-independence lawmakers-elect continued.
Cheung Chau resident Kwok Cheuk-kin, who has a history of launching legal challenges against the local government, is seeking a judicial review against the Hong Kong leader over his oath taken about four years ago.
But Leung’s lawyer argued that there were no good reasons for the court to extend the period within which the review application should be made. Under High Court rules, applications for permission to apply for a judicial review should be made “promptly” and in any event within three months from the date when grounds for the application first arose.
Barrister Benjamin Yu SC, representing the chief executive, said the application should have been made shortly after Leung assumed office in 2012.
The lawyer also said the Cheung Chau resident should bear the consequences and foot Leung’s legal bill if his application was rejected lest more potential claimants head to court for “bad reasons”.