Hong Kong Case Law: Decisions & Judgments

Topic

Oath taking

Legal area

Court

1 Sept 2017

YAU WAI CHING v. CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, SECRETARY FOR JUSTICE

Citation

YAU WAI CHING v. CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, SECRETARY FOR JUSTICE<br>
Court

Court of Final Appeal
Case number

FAMV7/2017

Leave to appeal was refused because the core legal questions, though important, were not reasonably arguable on the uncontested findings of fact that the applicants declined or neglected to take the LegCo oath; the courts must determine compliance with BL104 and the Ordinance; section 21 operates to disqualify automatically where a member has declined or neglected to take the oath; and the NPCSC Interpretation is binding and does not oust judicial review of compliance with constitutional requirements.
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.

Hong Kong Case Law

YAU WAI CHING v. CHIEF EXECUTIVE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, SECRETARY FOR JUSTICE

THE CHIEF EXECUTIVE OF THE HKSAR AND ANOTHER v. YAU WAI CHING AND ANOTHER