Hong Kong Law & Crime Politics & Protest

Court rejects appeal application from citizen seeking to eject more democrats from legislature

The High Court on Thursday rejected an appeal application from a citizen who earlier lodged a judicial review over the oaths taken by opposition lawmakers Eddie Chu and Cheng Chung-tai during their swearing-in ceremony.

Applicant Lo King-yeung’s judicial review action was earlier suspended after he failed to pay the HK$20,000 deposit required by the High Court. Lo’s pro-Beijing counsel Lawrence Ma had argued that that it was because his client was unfamiliar with legal procedures.

Lo King-yeung (R) accompanied by pro-Beijing activist Fu Chun-chung (L). File Photo: Apple Daily.

However, Justice Thomas Au said that the applicant caused unreasonable delays and ordered him to pay the legal costs of the defendants.

Lo then applied for an appeal. Justice Thomas Au on Thursday rejected his application, stressing again that Lo caused unreasonable delay and there was no reason for the appeal court to hear his arguments.

‘New argument’

Lo argued that lawmakers have to sign to confirm their oaths before the ceremony is completed. He said that this was a new argument which warranted a discussion on constitutional matters – thus, the court should grant his appeal application.

However, Au said that Lo was merely repeating the legal procedure, adding that he failed to make such an argument in first instance, Ming Pao reported.

Cheng Chung-tai Eddie Chu Hoi-dick

Cheng (L) and Chu (R) taking their oaths. Photo: Legislative Council.

The court earlier disqualified six lawmakers over their oath-taking ceremonies. During the ceremony in the legislative chamber last October, Chu shouted “democratic self-determination, tyranny will end,” while Cheng said: “a constitution by all people, make a new covenant.”

The oath-taking cases triggered a controversial interpretation of the Basic Law by Beijing last November, which retroactively stipulated how legislators should have taken their oaths.

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Court rejects appeal application from citizen seeking to eject more democrats from legislature