Hong Kong Law & Crime Politics & Protest

Court rejects appeal application from citizen seeking to disqualify two more pro-democracy lawmakers

The Court of Appeal has rejected an appeal application to potentially disqualify Hong Kong opposition lawmakers Eddie Chu and Cheng Chung-tai.

In July, Lo King-yeung’s application was rejected at the Court of First Instance as he did not submit the required deposit. The legal challenge was suspended. He then applied to appeal but was rejected by the Court of First Instance, as Mr Justice Thomas Au said that Lo had caused an unreasonable delay and there was no reason for the appeal court to hear his arguments.

Following that, Lo applied to the Court of Appeal saying that there were new constitutional legal points. However, his application was rejected on Monday.

Cheng Chung-tai Eddie Chu Hoi-dick

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

The High Court’s Chief Justice Andrew Cheung and Court of Appeal Vice-President Johnson Lam ruled that Lo did not provide new points, and it would not affect the ruling of the Court of First Instance unless the judge had made errors relating to legal principles.

It ruled that Lo had to pay Chu HK$79,000 in legal fees. Cheng represented himself and thus no legal fees were incurred.

The court had already disqualified six opposition lawmakers in the ongoing controversy over last October’s oath-taking ceremony as a result of lawsuits filed by the government.

Lo King-yeung

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

During the ceremony at 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.

Court rejects appeal application from citizen seeking to disqualify two more pro-democracy lawmakers