30 Nov 2016
THE CHIEF EXECUTIVE OF THE HKSAR AND ANOTHER v. YAU WAI CHING AND ANOTHER
- Citation
- THE CHIEF EXECUTIVE OF THE HKSAR AND ANOTHER v. YAU WAI CHING AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV227/2016
Article 104 is a constitutional requirement enforceable by the courts; the NPCSC Interpretation clarifies that declining or deliberately invalid oath-taking results in immediate disqualification; section 21 of the Oaths and Declarations Ordinance gives statutory effect to that consequence and causes automatic vacation of office; the non-intervention principle does not prevent judicial adjudication of compliance with constitutional oath requirements; the President/Clerk has administrative duties but not exclusive judicial fact-finding power to override the courts; appeals dismissed.