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There is a sense of futility talking about law in Hong Kong today. Many would argue that the city's legal system is at the mercy of the NPCSC.
Nevertheless, let's have a look at HK's legal mechanism for disqualifying lawmakers. (1/6)
There is a sense of futility talking about law in Hong Kong today. Many would argue that the city's legal system is at the mercy of the NPCSC.Nevertheless, let's have a look at HK's legal mechanism for disqualifying lawmakers. (1/6)
We start with Basic Law Art. 79, which lists all the situations where the LegCo president can disqualify lawmakers.
On paper, it is not easy to dislodge a sitting lawmaker elected by popular vote - and for good reason. (2/6)
On paper, it is not easy to dislodge a sitting lawmaker elected by popular vote - and for good reason. (2/6)
You might ask: What about Baggio Leung & Yau Wai-ching getting DQ-ed? BL Art. 79 didn't say anything about oaths.
In 2016 the court ruled that, because they didn't take their oaths properly, they never BECAME lawmakers in the first place. (3/6)
https://legalref.judiciary.hk/doc/judg/word/vetted/other/en/2016/HCAL000185A_2016.doc
In 2016 the court ruled that, because they didn't take their oaths properly, they never BECAME lawmakers in the first place. (3/6)
https://legalref.judiciary.hk/doc/judg/word/vetted/other/en/2016/HCAL000185A_2016.doc
Which brings us to today. The 4 DQ-ed democrats are sitting lawmakers whose terms were extended by the NPCSC in August, due to the election delay.
Even if we accept the fact that they were barred from re-election, that should only affect the NEXT LegCo term. (4/6)
Even if we accept the fact that they were barred from re-election, that should only affect the NEXT LegCo term. (4/6)
Carrie Lam tried to blur the distinction today, saying that people found unqualified to run for LegCo election are "naturally unqualified" at being a LegCo member.
But the law disagrees. Election candidates are DQ-ed one way, and LegCo members are DQ-ed in another. (5/6)
But the law disagrees. Election candidates are DQ-ed one way, and LegCo members are DQ-ed in another. (5/6)
TL;DR
When elected, a Hong Kong lawmaker enjoys constitutional protections which prevent them from being ousted on a whim.
Today we are reminded once again: Beijing doesn't care. (6/6)
When elected, a Hong Kong lawmaker enjoys constitutional protections which prevent them from being ousted on a whim. Today we are reminded once again: Beijing doesn't care. (6/6)
