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SJ explains legal action

October 19, 2016

Secretary for Justice Rimsky Yuen says the Government’s legal action over the oath-taking of new legislators Sixtus Leung and Yau Wai-ching will not affect the relationship between the administration and the legislature.


The Government yesterday applied for an interim injunction banning the two lawmakers from retaking the oath of office, and a judicial review against Legislative Council Chairman Andrew Leung’s decision regarding their retaking of the oath.


The High Court refused the injunction but approved the judicial review application. The hearing is set for November 3.


Mr Yuen said Basic Law Article 104 clearly states legislators and other major public officers must swear to uphold the Basic Law and the Hong Kong Special Administrative Region of the People’s Republic of China.


He said oath-taking is a matter of constitutional responsibility and the Legislative Council must abide by the law.


The Government’s legal action is to implement the Basic Law, which will not damage its relationship with the Legislative Council, he added.