Date
4 December 2016
Yau Wai-ching and Sixtus Leung (inset) will learn their fate when the Court of Appeal hears their petition against a High Court decision disqualifying them from office. Photo: HKEJ, Reuters
Yau Wai-ching and Sixtus Leung (inset) will learn their fate when the Court of Appeal hears their petition against a High Court decision disqualifying them from office. Photo: HKEJ, Reuters

Appeal court to hear localist pair’s case next Thursday

The Court of Appeal will hear next Thursday an appeal from Youngspiration’s Sixtus Leung and Yau Wai-ching against their disqualification as lawmakers for taking invalid oaths, RTHK reports.

Meanwhile, The pair’s seats in the Legislative Council will not be formally declared vacated.

The legal representative of the council’s president said the council will not start the gazetting process before the appeal hearing.

Lawyers representing the pair had said High Court Justice Thomas Au was wrong in ruling on Tuesday that the court has the power to decide whether a lawmaker has “declined or neglected” to take an oath of office.

They said this was an internal matter for the Legislative Council, and only its president or secretary general could decide on such an issue.

The lawyers also said the judge was wrong in saying the oaths taken by their clients were not covered by the legal immunity given to lawmakers for the statements they make in the council, according to RTHK.

They said even if the oaths taken by Leung and Yau were invalid, the court had no authority to strip them of their seats. That, they said, was the job of the council’s president.

Justice Au had declared that the pair had lost their seats when they failed to take a valid oath of office last month, after they used words which were deemed derogatory to China.

– Contact us at [email protected]

AC/RA

EJI Weekly Newsletter