Removing Hong Kong lawmakers from office already difficult even without Beijing’s expected new requirement

China’s top legislative body is set to demand the city’s lawmakers be patriotic in a clarification of an existing law on allegiance, which could trigger fresh disqualifications

But Hong Kong has a mechanism for removing offending legislators, one that requires more votes than the pro-establishment bloc commands

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Hong Kong’s Legislative Council currently has 62 serving lawmakers, with the pro-establishment camp occupying 41 seats. Photo: Nora Tam

Published: 9:30am, 11 Nov 2020Updated: 11:02am, 11 Nov 2020

A resolution by China’s top legislative body on the allegiance of Hong Kong lawmakers is expected to come under intense constitutional scrutiny, top legal experts and an adviser to the city’s leader say.

The decision, which could lead to fresh disqualification of filibustering opposition members, may even run into difficulty given existing laws that require a two-thirds approval of the Legislative Council to kick out certain offending members, they warned.

The National People’s Congress Standing Committee is expected to endorse the resolution at the end of its two-day meeting on Wednesday clarifying Article 104 of the Basic Law, the city’s mini-constitution. It requires lawmakers and other officials to pledge allegiance to the city and uphold the Basic Law.

Lawmaker-elect Baggio Leung wraps himself in banner stating Hong Kong is not part of China during his oath-taking session in the Legislative Council in October 2016. Photo: Sam Tsang

Beijing could also require lawmakers to be patriotic as defined by late leader Deng Xiaoping.

The changes could lead to the disqualification of four opposition lawmakers who were earlier barred from contesting the now-postponed Legislative Council elections originally slated for September.