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49 Hong Kong L.J. 381 (2019)
The Oath-Taking Cases and the NPCSC Interpretation of 2016: Interface of Common Law and Chinese Law

handle is hein.journals/honkon49 and id is 383 raw text is: THE OATH-TAKING CASES AND THE NPCSC INTERPRETATION OF 2016: INTERFACE OF COMMON LAW AND CHINESE LAW 71 Han Zhu* and Albert HY Chen** The oath-taking cases involving the disqualification of six Legislative Councillors in Hong Kong and the National People's Congress (NPCSC) Interpretation in 2016 on oath taking were highly controversial. This article traces the origins of the oath-taking law in Hong Kong to its English roots and explains the difference today between the consequences of failure to comply with the oath- taking requirements by Hong Kong legislators on the one hand and by British Members of Parliament on the other hand. It analyses the distinction between interpretation, supplementation and amendment of the Basic Law in the context of NPCSC interpretations. It also considers the circumstances in which an NPCSC interpretation should have retrospective effect. 1. Introduction After the end of the Occupy Central movement in 2014, localism and pro-independence activism escalated in the Hong Kong Special Administrative Region (HKSAR). Some of the pro-independence advocates attempted to move their street activism into political institutions by running in the 2016 Legislative Council (LegCo) elections. Two pro-independence activists, Leung Chung-hang and Yau Wai-ching, were successfully elected, but they took their oath of office in a manner that was insulting to the Chinese people and the People's Republic of China (PRC). This triggered a judicial review that resulted in their disqualification as LegCo members. Subsequently, the HKSAR Government also brought judicial review proceedings against four other localist or pan-democratic LegCo members. They were likewise unseated Assistant Research Officer, Centre for Chinese Law, Faculty of Law, University of Hong Kong. Cheng Chan Lan Yue Professor of Constitutional Law, Faculty of Law, University of Hong Kong. This article draws on our co-authored Chinese article, A legal analysis of the Hong Kong Legislative Council election 2016 and the oath-taking controversy, published in (2017) 4 Law Review (U ) 24-37. We are grateful to Law Review for permitting the translation of relevant parts of the article.

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