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1 (November 9, 2016)

handle is hein.crs/crsmthmaocd0001 and id is 1 raw text is: CRS INSIGHT China Issues Decision on Hong Kong Legislative Council Controversy November 9, 2016 (IN10605) Related Author SMiche IF Mrtin Michael F. Martin, Specialist in Asian Affairs (mfmartinacrs locgov, 7-2199) China's National People's Congress Standing Committee (NPCSC) issued a decision on November 7, 2016, that may prevent two newly elected members of Hong Kong's Legislative Council (Legco) from taking office, and may also invalidate the oaths taken by 13 other Legco members. The NPCSC decision was released while Hong Kong's High Court was still considering a case concerning the right of Sixtus Baggio Leung Chung-hang and Yau Wai-ching to retake their oaths after their first attempts were ruled invalid by Legco President Andrew Leung Kwan-yuen. Specifics of the NPCSC's Decision The NPCSC's decision, interpreting Article 104 of the Basic Law of the Hong Kong Special Administrative Region o the People's Republic of China (Basic Law), mandates that all Hong Kong public officials who are required to take an oath of office must accurately, completely and solemnly read out the oath prescribed by law. Failure to do so, the NPCSC states, shall be treated as declining to take the oath. According to the decision, no arrangement shall be made for retaking the oath. The decision concludes with the statement, An oath taker who makes a false oath, or, who, after taking the oath, engages in conduct in breach of the oath, shall bear legal responsibility in accordance with the law. Legco's Oath Controversy Following Legco elections of September 4, 2016, the 70 newly elected Legco members-elect attempted to take their oaths of office on October 12, 2016, but five of those oaths were ruled invalid. In particular, the oaths given by Leung Chung-hang and Yau Wai-ching were controversial because each of them held up banners saying, Hong Kong is not China, and substituted what some consider vulgar or profane language for certain phrases in the prescribed oath. Legco President Leung initially ruled that all five Legco members-elect would be allowed to retake their oaths during the next Legco session scheduled for October 19, 2016. Two members-elect (Edward Yiu Chung-yin and Wong Ting- kwong) were able to retake their oaths successfully, but Lo- thereby denying the necessary quorum-before the other three (Lau Siu-lai, Leung Chung-hang, and Yau Wai-ching) could retake their oaths. On October 18, Chief Executive Leung Chun-ying and Justice Secretary Rimsky Yuen Kwok-keung filed a suit in Hong

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