15 Feb 2019
CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND ANOTHER v. CLERK TO THE LEGISLATIVE COUNCIL
- Citation
- [2019] HKCA 173
- Court
- Court of Appeal
- Case number
- CACV201/2017
The NPCSC Interpretation was valid, binding and retrospective; the Interpretation correctly stated existing constitutional and statutory requirements that an oath must be read in the exact form and taken solemnly and sincerely; on objective assessment the appellant’s conduct (use of props, chanting, tearing paper and related conduct) fell outside the permissible range of solemnity and altered the oath’s form and substance; therefore the appellant declined or neglected to take the LegCo oath and is disqualified; appeal dismissed.