16 Jan 2017
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 Appeal
- Case number
- CACV227/2016
Leave to appeal was refused because the questions, while of public importance, lacked reasonable prospects of success: the non-intervention principle cannot displace the courts' constitutional duty to adjudicate compliance with Basic Law article 104; NPCSC interpretations made pursuant to article 158 are binding and may clarify or supplement the Basic Law with retrospective effect; the court must conduct full merits review of oath validity; vacation under s21 is automatic; the Chief Executive had locus to bring the proceedings in the circumstances; accordingly leave was denied and costs order…