30 Nov 2016
CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION SECRETARY FOR JUSTICE v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL
- Citation
- CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION SECRETARY FOR JUSTICE v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL
- Court
- Court of Appeal
- Case number
- CACV224/2016
Article 104 is a constitutional prerequisite to assuming office; the NPCSC Interpretation confirmed that declining or intentionally invalid oath-taking results in immediate disqualification and, coupled with s21 of the Oaths and Declarations Ordinance, causes automatic vacation of office; the non-intervention principle does not bar the courts from adjudicating compliance with constitutional requirements, and the appeals are dismissed.