1 Sept 2017
SIXTUS LEUNG CHUNG HANG v. CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, SECRETARY FOR JUSTICE
- Citation
- SIXTUS LEUNG CHUNG HANG v. CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, SECRETARY FOR JUSTICE
- Court
- Court of Final Appeal
- Case number
- FAMV9/2017
Leave to appeal was refused because the questions, though of public importance, were not reasonably arguable such as to affect the judgments below; the courts are duty-bound to determine compliance with Basic Law Article 104 and the Oaths and Declarations Ordinance, the NPCSC Interpretation is binding and supports that where a member has declined or neglected to take the LegCo oath disqualification under section 21 is the automatic consequence, and the non-intervention principle does not preclude judicial review in these constitutional circumstances.