15 Nov 2016
THE CHIEF EXECUTIVE OF THE HKSAR AND ANOTHER v. YAU WAI CHING AND OTHERS
- Citation
- THE CHIEF EXECUTIVE OF THE HKSAR AND ANOTHER v. YAU WAI CHING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2819/2016
The oaths taken by Leung and Yau on 12 October 2016 were intentionally non-compliant in form and substance with BL104 and the ODO; under section 21 ODO a person who declines or neglects to take a required oath shall vacate or be disqualified automatically, so both had vacated/been disqualified from that date; the non-intervention principle does not bar judicial review where the written constitution and statutory scheme make oath validity a justiciable question; the President's decision to permit re-taking was legally untenable and is quashed; CE has locus to bring proceedings to enforce BL104…