15 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 First Instance
- Case number
- HCAL185/2016
The court held that Leung and Yau intentionally declined or neglected to take the Legislative Council Oath in form and substance on 12 October 2016; consequently under s21 ODO they vacated or were disqualified from the office with effect from that date, the President's decision to permit re-taking was unlawful and amenable to judicial review, and the court has jurisdiction to decide these issues notwithstanding the non-intervention principle.