Legco announces two seats left vacant by disqualified localists, paving way for by-election

Sixtus Baggio Leung Chun-hang and Yau Wai-ching were barred from legislature by local court for role in oath-taking saga

Legislative Council oath-taking saga

Raymond YeungandTony Cheung

Published: 10:30am, 5 Dec 2016

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The Legislative Council has gazetted that two seats have been left vacant by disqualified lawmakers Sixtus Baggio Leung Chung-hang and Yau Wai-ching.

In an extraordinary capacity, the gazette notices, titled Legislative Council Ordinance (Chapter 542) – Vacancy in Membership of Legislative Council, were put up on Monday morning.

Watch: Localist lawmakers lose appeal over ban

“In accordance with Section 35(1) of the Legislative Council Ordinance, I hereby declare that, pursuant to the judgments made by the Court of First Instance and the Court of Appeal of the High Court of the Hong Kong Special Administrative Region on 15 and 30 November 2016 respectively, the office of member of the Legislative Council (New Territories East geographical constituency) previously held by Leung Chung-hang Sixtus has become vacant,” the notice read, signed off by Legco clerk Kenneth Chen Wei-on.

A similar notice was published for Yau to declare a vacancy in the Kowloon West geographical constituency that she had run in.

An information display showing photos of current lawmakers has two blank spaces for the seats once held by Sixtus Baggio Leung and Yau Wai-ching. Photo: AFP

Legco president Andrew Leung Kwan-yuen told the media on Thursday that the Legco clerk would start the procedure this week, after the Court of Appeal dismissed the duo’s appeal against their disqualification.

A by-election will now take place to fill the two vacancies. The exact date is not known, but the polls are usually held within six months of such announcements.

In October last year, former Civic Party lawmaker Ronny Tong Ka-wah left his post after tendering his resignation. A government gazette was published, with a by-election for the New Territories East geographical constituency he belonged to held five months later, in February.

On Friday, Chief Executive Leung Chun-ying and the Department of Justice sought to disqualify four additional pan-democrat lawmakers – Leung Kwok-hung, Nathan Law Kwun-chung, Edward Yiu Chung-yim and Lau Siu-lai – by asking the High Court to declare their oaths invalid.

Watch: Lau Siu-lai takes oath in slow-motion

If Leung and Lau are barred, that would leave two vacancies each in New Territories East and Kowloon West, including those left by the Youngspiration duo – it is not known if a single by-election will be held to fill the four seats instead.

You can disqualify the four of us, but do you think those fighting for democracy and universal suffrage cannot become lawmakers in the future?

‘Long Hair’ Leung Kwok-hung

Speaking on the radio on Monday morning, Law said the latest challenge was clearly an attempt by Leung Chun-ying to oust them, as well as a display to Beijing’s leaders ahead of the March chief executive election that he could handle complicated political situations.

“Leung was using taxpayer’s money through the Department of Justice to carry out his electioneering. Compared to [Baggio] Leung and Yau [Wai-ching], the four lawmakers being challenged this time are very different in the Beijing government’s eyes,” Law added.

“None of us had advocated Hong Kong independence.”

On another radio programme, Leung Kwok-hung even described the chief executive’s move as staging a “coup” to purge his political enemies, but added that he was not worried at all as he had predicted the government would take action against the democratic camp.

Asked about the democrats’ chances of retaining both seats in New Territories East should he be disqualified, Leung said it all depended on how many voters turned up. If many people were angry and voted, the pan-democratic camp would win, he added.

“You can disqualify the four of us, but do you think those fighting for democracy and universal suffrage cannot become lawmakers in the future?”

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