Date
10 December 2016
Rimsky Yuen plans to apply for a judicial review against Lau Siu-lai and may also go after Edward Yiu and Nathan Law (inset from top), according to reports. Photo: HKEJ
Rimsky Yuen plans to apply for a judicial review against Lau Siu-lai and may also go after Edward Yiu and Nathan Law (inset from top), according to reports. Photo: HKEJ

Legco to declare vacant disqualified duo’s seats

The Legislative Council will start the gazetting process on Monday or Tuesday next week to declare vacant the two seats left by disqualified Youngspiration pair Sixtus Baggio Leung and Yau Wai-ching.

The move comes after the Court of Appeal upheld a High Court ruling barring them from taking office, the Hong Kong Economic Journal reports.

Legco president Andrew Leung said the decision was made after the pair failed to lodge an appeal to the Court of Final Appeal on the day reserved by the High Court for such a petition.

Legco secretary general Kenneth Chen will apply for the gazetting process no later than Friday.

The secretariat will also demand that Sixtus Leung and Yau return HK$1.86 million in salaries and expenses already paid to them.

By law, the gazetting deadline is Dec. 6, or 21 days after the Nov. 15 High Court ruling that disqualified the pair from taking their Legco seats for improper oath-taking.

A by-election will be held once the process is completed.

Meanwhile, Andrew Leung said there has been no notice regarding when the Department of Justice (DOJ) will launch a legal challenge to bar independent lawmaker-elect Lau Siu-lai, founder of Democracy Groundwork, from the legislature.

The DOJ has said it plans to apply for a judicial review on Lau’s qualification on behalf of Chief Executive Leung Chun-ying as soon as this weekend or early next week.

In reply to media inquiries, Secretary for Justice Rimsky Yuen said the DOJ is studying the ruling of the Court of Appeal against the disqualified duo before taking the next step.

He declined to say how many lawmakers could be the subject of a judicial review for improper oath-taking.

Meanwhile, Sing Tao Daily cited sources as saying the DOJ is also likely to seek a court order to disqualify Edward Yiu from the architecture functional constituency for adding “universal suffrage” to his oath.

A citizen has also applied for a judicial review against Yiu’s qualification on the same grounds.

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