HK court rejects two legislators-elect's appeal against disqualification

HONG KONG -- Hong Kong's Court of Appeal on Wednesday rejected two nation-insulting legislators-elect's appeal and upheld the previous ruling which disqualified their legislators' seats.

Article 104 of the Basic Law lays down a constitutional requirement on oath taking by members of the Legislative Council (LegCo), the Court of Appeal said in a press summary of its judgment.

The scope of the constitutional requirement extends to the consequence of its non-compliance which is laid down in article 104 itself as interpreted by the Standing Committee of the National People's Congress under the Interpretation dated Nov 7, as well as section 21 of the Oaths and Declarations Ordinance, it said.

The two legislators-elect, Leung Chung-hang and Yau Wai-ching, used derogatory language insulting the Chinese nation when reading out their oaths at a swearing-in ceremony on Oct 12. Yau also displayed a banner proclaiming "Hong Kong is not China."

Their provocative behavior has prompted the top legislature of the country, the National People's Congress Standing Committee, to issue an interpretation of Article 104 of the Basic Law of Hong Kong Special Administrative Region on Nov 7, clarifying the implications and requirements of oath-taking by Hong Kong legislators-elect.

Hong Kong's High Court on Nov. 15 ruled that the two legislators-elect must be disqualified as lawmakers.