Published: 15:06, November 11, 2020 | Updated: 11:45, June 5, 2023
HK govt disqualifies 4 legislators following NPC decision
By ​Gang Wen

HONG KONG - The Hong Kong Special Administrative Region (HKSAR) government on Wednesday disqualified four opposition Legislative Council (LegCo) members based on the country’s top legislature’s decision about Hong Kong lawmakers’ qualifications to hold office.

LegCo members shall be disqualified for office once they are determined by law to have failed to meet the legal requirements of upholding the HKSAR Basic Law and honoring the pledge of allegiance to the HKSAR, according to a decision by the NPC Standing Committee

The decision was taken at the 23rd session of the Standing Committee of the 13th National People's Congress that concluded its session on Wednesday. As per the decision, LegCo members shall be disqualified for office once they are determined by law to have failed to meet the legal requirements of upholding the HKSAR Basic Law and honoring the pledge of allegiance to the HKSAR.

In a press conference held shortly after the NPC decision was announced, HKSAR Chief Executive Carrie Lam Cheng Yuet-ngor said that four opposition lawmakers were ineligible to serve an extended LegCo term because they “could not genuinely uphold” their constitutional duty - a statutory requirement.

The NPC decision lists circumstances deemed failing to meet these requirements, including advocating or supporting "Hong Kong independence," refusing to recognize the state's sovereignty and its exercise of sovereignty over Hong Kong, seeking interference in HKSAR affairs by foreign countries or external forces, or committing other acts endangering national security.

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The decision applies to the sixth-term LegCo members whose nominations to stand for the seventh-term LegCo election originally scheduled on Sept 6 were invalidated by the HKSAR citing the above-mentioned circumstances.

The decision also applies to those running for the LegCo office or serving as its members in the future, in case of the occurrence of the above-mentioned circumstances.

The four opposition lawmakers to be disqualified are Alvin Yeung Ngok-kiu, Kwok Ka-ki, Dennis Kwok Wing-hang and Kenneth Leung Kai-cheong

The four Hong Kong lawmakers to be disqualified - Alvin Yeung Ngok-kiu, Kwok Ka-ki, Dennis Kwok Wing-hang and Kenneth Leung Kai-cheong - were banned from contesting in the city’s seventh legislative election, as their nomination formalities failed to comply with Legislative Council Ordinance requirements.

READ MORE: Twelve opposition candidates barred from LegCo election

Since last year, all four have sought US intervention in Hong Kong affairs and imposition of sanctions on Hong Kong officials.

Last year, Yeung travelled to the US to discuss the Hong Kong Human Rights and Democracy Act which has since been deemed inimical to Hong Kong interests. Dennis Kwok and Kowk Ka-ki also wrote letters to the US calling for a speedy legislation of the bill which became law on Nov 27, 2019.

Also in March, after a meeting with US officials, Leung said he would propose a list of HK officials for the US to sanction. He also said he would work with political organizations to lobby the US to enforce sanctions.

Citing Article 104 of the Basic Law that clearly stipulates that LegCo members must “uphold the Basic Law of the HKSAR of the PRC" and bear "allegiance to the HKSAR of the PRC”, HKSAR Chief Executive Carrie Lam Cheng Yuet-ngor said the NPC decision was legally binding

Citing Article 104 of the Basic Law that clearly stipulates that LegCo members must “uphold the Basic Law of the HKSAR of the PRC" and bear "allegiance to the HKSAR of the PRC”, Lam told reporters that the NPC decision was legally binding.

She said the four legislators had been barred from seeking re-election in the seventh-term LegCo election as returning officers had deemed they would not “genuinely” uphold the Basic Law and swear allegiance to the SAR.

As such, she said, if an individual is deemed ineligible to be nominated as an electoral candidate, it followed that such an individual would be ineligible as a lawmaker.

Lam also said a constitutional matter such as this could only be resolved by the nation’s top legislative body.

Lam said her government will hammer out the modalities of oversight of oath-taking ceremony for LegCo members, as well as the penalty for rule breakers.

A bill requesting China's top legislature to make the decision was put forward by the State Council on Nov 7, acting upon a request from the HKSAR Chief Executive. The top legislature accepted the bill, drafted the decision based on the laws, and reviewed it at the session.

According to the decision, session participants said it is imperative to ensure that those in the HKSAR public sector who exercise public power, including LegCo members, uphold the HKSAR Basic Law and honor their pledge of allegiance to the HKSAR.

This will ensure the full and faithful implementation of the "one country, two systems" principle and the Basic Law, safeguard China's sovereignty, security, and development interests and maintain lasting prosperity and stability in Hong Kong, they said.

With Xinhua inputs