A spokesperson for the Electoral Affairs Commission (EAC) issued a statement on Monday regarding arrangements for the Legislative Council by-elections now that six LegCo seats are vacant following the disqualification of some opposition politicians who violated the Basic Law and relevant Hong Kong laws while taking the LegCo oath last October. According to the interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region by the National People's Congress Standing Committee (NPCSC), people are not allowed to take the LegCo oath again once they have been disqualified. That means those six disqualified opposition politicians must not be allowed to enter LegCo by-elections ever again.

As the announcement of LegCo by-election arrangements may happen any day now, some opposition parties have decided who will run for those vacant LegCo seats - including those recently disqualified. Naturally, many members of the public are angry at the prospect of those newly disqualified politicians running for LegCo yet again. They find it incomprehensible that something so outrageous could happen time and again in Hong Kong at the expense of the voters. Therefore, more and more people are demanding those who recently lost their LegCo seats for violating the Basic Law and relevant Hong Kong laws be banned from entering LegCo elections for good.

Let's be clear about why those opposition politicians were disqualified in the first place: Some of them entered last year's LegCo elections after signing a legally binding declaration affirming they would adhere to the Basic Law, with particular emphasis on upholding "one country, two systems". Some did not sign the declaration but were still required to adhere to the Basic Law and uphold "one country, two systems" upon their nomination, according to existing laws. Once their election campaigns began, they became more and more vocal about their desire to push Hong Kong toward "independence" or "virtual independence". So much so it surprised few, if anyone, when they expressed their resentment to the Chinese nation and the central government authorities by changing the wording of the LegCo oath on live TV. They gave the Department of Justice no choice but to challenge the legality of their LegCo membership in court via a judicial review.

The NPCSC interpretation of Article 104 of the Basic Law clearly stipulates that no retaking of the LegCo oath is allowed if someone has been disqualified. Consequently, there are no legal grounds for any of those disqualified opposition politicians to be allowed to run for LegCo seats ever again. It would be an insult to the High Court if they were allowed to run again after being disqualified and denied appeal by the High Court. Moreover, by breaking the Basic Law and relevant Hong Kong laws they have given the voters no reason to trust them ever again. What's the point of giving them another chance to commit illegal acts all over again?

(HK Edition 08/29/2017 page8)