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1 1 (July 21, 2017)

handle is hein.crs/govchzz0001 and id is 1 raw text is: I Cong ressin, l Hong Kong's High Court Disqualifies Four More Legislators July 21, 2017 On July 15, 2017, Hong Kong's High Court decided that the oaths of office taken by four members of Hong Kong's Legislative Council (Legco) on October 12, 2016, were invalid, and as a consequence, determined they were disqualified from assuming or entering the Office of a Legco Member. The ruling raises the number of disqualified Legco members to six, as two other members previously had been disqualified by the High Court on November 15, 2016 (see CRS Insight IN 10605, China and the Hong Kong High Court Issue Decisions on Legislative Council Controversy (Update)). The four Members disqualified on July 15, 2017, were Lau Siu-lai, Nathan Law Kwun-chung, Leung Kwok-hung, and Yiu Chung-yim. The two Members disqualified on November 15, 2016, were Sixtus Baggio Leung Chung- hang and Yau Wai-ching. The United States-Hong Kong Policy Act of 1992 (P.L. 102-383) states, Support for democratization is a fundamental principle of United States foreign policy. As such, it naturally applies to United States policy toward Hong Kong. The Hong Kong Human Rights and Democracy Act of 2017 (S. 417) would reaffirm that it is U.S. policy to support the democratic aspirations of the people of Hong Kong, and would prohibit the issuance of visas to anyone the President has identified as infringing the rights of Hong Kong residents to their freedoms of assembly, association, press, religion, and speech. The High Court Cases The High Court ruled on December 2, 2016, that the oaths taken by the four Legco members were invalid according to Hong Kong's Oaths and Declarations Ordinance (ODO) and the National People's Congress Standing Committee (NPCSC) 'interpretation of Article 104 of Hong Kong's Basic Law, issued on November 7, 2016. This latter decision was issued after the members had taken their oaths and while the High Court was considering its decision. In its decision, the High Court determined that Lau, Law, Leung, and Yiu had failed to meet certain conditions specified in the NPCSC interpretation: (1) that the oath be taken in exactly the same form and content as prescribed under Schedule 2 of the ODO; (2) that it is done solemnly and sincerely; and (3) that the oath taker sincerely believe in and strictly abide by the pledges in the oath. The High Court also decided that the adding of words or worded messages prior to or after taking the oath constituted a failure to take the oath in exactly the same form and content. As such, the four had declined to take the oath and were disqualified as of October 12, 2016. The ruling also noted, no arrangement shall be made for retaking the oath. It also stipulated that Lau, Law, Leung, and Yiu pay the government's legal costs, estimated at 2-3 million Hong Kong dollars ($250,000-$400,000). CRS INSIGHT Prepared for Members and Corm nittees o4 Congress ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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