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LegCo legal action initiated

December 02, 2016

The Government has applied to the court to declare the oaths purportedly taken by four Legislative Council members invalid and their seats vacant.

 

They are Lau Siu-lai, Yiu Chung-yim, Nathan Law and Leung Kwok-hung.

 

In a statement tonight the Government said the decision is based on legal and implementation grounds, without any political consideration.

 

It said the Government and the Chief Executive have the constitutional responsibility to uphold and implement the Basic Law.

 

The Government therefore has the responsibility to study the judgments delivered by the Court of First Instance on November 15 and by the Court of Appeal on November 30 regarding the oath-taking of Sixtus Leung and Yau Wai-ching.

 

This is necessary for the Government to decide whether or not to take follow-up action on the validity of other legislators’ oaths.

 

Secretary for Justice Rimsky Yuen refuted suggestions the Government is trying to overthrow the LegCo election result.

 

He told reporters that by initiating the proceedings the Government is acting in accordance with the law and independent legal advice.

 

“The fact that LegCo members are elected by voters is of course a factor we should respect. However, it is equally important all LegCo members and the council itself should act in accordance with the law. This point is made crystal clear by the judgment of the Court of Appeal.

 

“The legal action has absolutely nothing to do with overthrowing or overturning the intentions and wishes of the voters.”



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