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Monday, December 5, 2016, 09:25

LegCo gazettes vacancies following disqualifications


HONG KONG - The Legislative Council on Monday gazetted two vacancies arising from the disqualification of two former legislators-elect whose appeals against the disqualification were rejected by Hong Kong's Court of Appeal.

The seats were held by Leung Chung-hang in New Territories East and Yau Wai-Ching in Kowloon West

The two seats were held by the two separatists candidates, Leung Chung-hang, in the New Territories East, and Yau Wai-Ching, in Kowloon West. The two were disqualified from public office on Nov 15 by the High Court following a judicial review that the government sought.

The Court ruled that the two had violated the chapter and verse of the Basic Law by refusing to follow the stipulated oath of office during a swearing in ceremony on Oct 12. The two issued insults to the nation by interpolating the official wording with their own politically charged epithets and presented a banner advocating their separatist position.

On Nov 30, the Court of Appeal upheld a lower court’s decision that the two seats be held vacant, after finding that there was no legal basis for the two to “retake” the oath, under the law.

According to the Legislative Council Ordinance, the legislature is required to gazette council vacancies within 21 days after a vacancy occurs.

The government earlier said that once gazetted, a by-election would follow within four to six months.

Currently, four other lawmakers face disqualification in a separate judicial review. All four allegedly had altered the official wording of the oaths during the Oct 12 swearing-in ceremony.

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