14 Jul 2017
CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. PRESIDENT OF THE LEGISLATIVE COUNCIL
- Citation
- CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. PRESIDENT OF THE LEGISLATIVE COUNCIL
- Court
- Court of First Instance
- Case number
- HCAL225/2016
Applying an objective test the court held that a valid Legislative Council oath requires (1) exact compliance with the statutory form and content, (2) solemnity, and (3) sincere belief at the time of taking; deviations including added words, theatrical acts or mechanically incoherent recitation objectively convey non-compliance and are to be treated as declining or neglecting to take the oath, producing immediate disqualification; an oath administrator's acceptance or allowance to retake is admissible evidence but not decisive where the oath objectively fails legal requirements; therefore the…