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Legislative Council elections 2016
Hong KongPolitics

Disqualifying localist Legco candidates lets politics ‘eat into’ legal system, former Bar Association chair says

Edward Chan King-sang says courts, not electoral officials, should make calls on whether candidates faked pledges

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Edward Chan King-sang (left) said a person could uphold the law while wanting to change it. Photo: Edward Wong
Shirley Zhao

The government’s decision to disqualify localist candidates from running in next month’s ­Legislative Council elections will have a “long and deep” negative impact on Hong Kong’s legal system, former Bar Association chairman Edward Chan ­King-sang said yesterday.

Chan’s comments came as outgoing lawmaker Emily Lau Wai-hing of the Democratic Party, wrote a letter yesterday to the Human Rights Committee under the United Nations about the “disturbing development”, ­condemning the rejections and calling on the committee to “take urgent action”.

Electoral officials had cited the candidates’ pro-independence stance as against the Basic Law, and that they did not “genuinely” respect and uphold the mini-constitution even after some had signed a declaration stating so.

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Chan said if supporting Hong Kong independence was a crime and candidates were found guilty by the court, they could be disqualified even after they were elected.

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Therefore it should also be up to the court, not electoral officers, to decide whether candidates had faked their pledges.

“[Faking pledges] is a very ­serious accusation,” said Chan in a Commercial Radio programme. “The legal system should be the one to decide whether candidates are guilty of this.”

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