30 Nov 2016
CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL
- Citation
- CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. THE PRESIDENT OF THE LEGISLATIVE COUNCIL
- Court
- Court of Appeal
- Case number
- CACV225/2016
Article 104 is a constitutional requirement; the NPCSC Interpretation clarified that valid oath-taking (form and substance) is a prerequisite to assume office and that declining or wilfully failing to take the oath results in disqualification forthwith; section 21 of the Oaths and Declarations Ordinance gives effect to that consequence so vacation of office is automatic; the common law non-intervention principle does not bar the courts from deciding compliance with constitutional requirements; accordingly the appellants had vacated office and the President lacked power to allow retaking of th…