14 Jul 2017
SECRETARY FOR JUSTICE v. YIU CHUNG YIM
- Citation
- SECRETARY FOR JUSTICE v. YIU CHUNG YIM
- Court
- Court of First Instance
- Case number
- HCMP3378/2016
On an objective assessment the four members-elect (Law, Leung, Lau, Yiu) failed to comply with the legal requirements (exact form and content, solemnity and/or substantive belief) when taking the LegCo oath on 12 October 2016; their purported oaths were therefore invalid and they were disqualified from assuming office from that date; the Clerk/President decisions allowing retakes were legally erroneous and are quashed, and the court must decide validity on full merits with standard civil proof requiring cogent evidence.