14 Jul 2017
SECRETARY FOR JUSTICE v. LEUNG KWOK HUNG
- Citation
- SECRETARY FOR JUSTICE v. LEUNG KWOK HUNG
- Court
- Court of First Instance
- Case number
- HCMP3382/2016
Applying the objective legal test informed by Basic Law Article 104, the NPCSC Interpretation and the ODO, the court held that each of the four members-elect failed to comply with one or more mandatory requirements (exact form/content, solemnity and/or substantive belief) when taking the LegCo oath on 12 October 2016; their oath‑takings were invalid, they declined or neglected to take the oath in law and were disqualified from assuming office from 12 October 2016. The Clerk's and President's decisions to accept or allow retakes as to these individuals were legally erroneous and were quashed.…