The Court of Appeal has dismissed a legal challenge by pro-democracy lawmaker Leung Kwok-hung seeking to overturn the High Court’s decision to disqualify him as a legislator in 2017.
Leung, known as ‘Long Hair’, was one of six lawmakers to lose their seats for taking their oaths of office improperly. In October 2016, during his swearing-in, he held up a yellow umbrella — a symbol of the 2014 pro-democracy protests — ripped up a copy of Beijing’s framework for political reform in Hong Kong, and chanted a call for true universal suffrage and for then-Chief Executive CY Leung to step down.
The next month, China’s top legislative body, the Standing Committee of the National People’s Congress (NPCSC) issued an interpretation of Article 104 of Hong Kong’s mini constitution, the Basic Law, requiring lawmakers to take their oath to office sincerely, solemnly, and accurately, with retroactive effect from July 1, 1997
Leung, Edward Yiu, Nathan Law, and Lau Siu-lai were disqualified by the Court of First Instance in July 2017, while two other lawmakers Yau Wai-ching and Baggio Leung were earlier given the boot for waving a flag supporting Hong Kong independence during their oaths.
Leung was the only one to appeal against his disqualification.
Leung, who was represented in court by pro-democracy veteran Martin Lee, argued that the NPCSC interpretation was not valid or binding on Hong Kong’s courts, and did not have retroactive effect.
But the Court of Appeal ruled today that none of the challenges raised by Lee concerning the validity, scope and effect of Beijing’s interpretation of of Article 104 had merit.
The lengthy judgement even asserted that “most if not all of Mr Lee’s arguments are flatly contradicted by an array of well-established authorities decided by the Court of Final Appeal and the Court of Appeal.”
As part of the judgement, Leung was also ordered to pay the government’s court costs.
Speaking to RTHK outside the courtroom, Leung said he will now be taking the case to the Court of Final Appeal — Hong Kong’s highest court — and told the broadcaster he’s optimistic that he will find justice there.
“If my appeal is accepted by the Court of Final Appeal, there will be two foreign judges. I think they will be more courageous than the others,” Leung said.
