Decision on oath-taking appeal to come early next week, as judge expresses ‘unease’ over lack of focus on Beijing’s Basic Law interpretation
High Court Chief Judge Andrew Cheung Kui-nung says this would save them need to even look at relevant local legislation
Two localist lawmakers disqualified over the oath-taking saga will learn next week if their court appeal against the decision to bar them from office has been successful or not.
The appeal, lodged by former lawmakers-elect Yau Wai-ching and Sixtus Baggio Leung Chun-hang, ended yesterday after a two-day hearing, with three presiding justices pledging to reach a decision by Tuesday or Wednesday.
The pair were disqualified by the Court of First Instance two weeks ago after the lower court ruled that the pair’s antics during their swearing-in ceremony on October 12 amounted to neglecting to take their oaths.
Their use of terms deemed derogatory to China also raised Beijing’s eyebrows and prompted the National People’s Congress Standing Committee to interpret the Basic Law’s Article 104 ahead of the lower court’s ruling.
Chief Judge of the High Court Mr Justice Judge Andrew Cheung Kui-nung said, given the interpretation, he felt “uneasy” that the lawyers were still using the city’s common law approach to reach the same conclusions.
The interpretation – which is essentially the same case advanced by the government’s lawyers – requires those who take an oath to be sincere and accurate, and, if failing to do so, would not be given a second chance to retake the oath.