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Friday, November 4, 2016, 16:34

NPCSC to interpret Basic Law in separatist dispute

By chinadailyasia.com

HONG KONG - The Standing Committee of the National People’s Congress will review Article 104 of the Basic Law, in the matter involving two separatist lawmakers-elect who turned their swearing-in ceremony into a farce.

Yau Wai-ching and Sixtus Leung Chung-hang were elected to the Legislative Council (LegCo) but altered the oath and used foul languange during their swearing-in on Oct 12.

The SAR administration announced Friday morning that it had received notification of the review from the central government on Thursday afternoon, after Hong Kong’s High Court had concluded hearing of a judicial review sought by the SAR government to bar the two from retaking the LegCo oath.

The question of interpreting Article 104 of the Basic Law has been included in the agenda for the meeting currently held in Beijing of the Standing Committee of the National People's Congress, according to the HKSAR government statement.

The question of interpreting Article 104 of the Basic Law has been included in the agenda for the meeting currently held in Beijing of the Standing Committee of the National People's Congress

The SAR’s Secretary for Justice Rimsky Yuen Kwok-keung informed the Hong Kong court this morning, a government spokesman said.

Article 104 of the Basic Law stipulates that "when assuming office, the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China."

On Thursday, Hong Kong’s High Court reserved judgment on a judicial review challenging the qualifications of the pair to serve as LegCo members. The motion was filed by the Department of Justice. There was no further announcement on when the ruling would be delivered.

The duo made a mockery of the official oath of office, and used foul language to pronounce the name of the country, during the Legislative Council’s swearing-in ceremony on Oct 12. The Department of Justice applied for a judicial review on the pair’s qualification as legislators on Oct 18.

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