Ousted legislators architects of their own misfortune: Fan

Former LegCo president says voters did not elect lawmakers to misbehave

The six people who made a mockery of their Legislative Council oaths were deservedly stripped of their seats in accordance with the law, former LegCo president Rita Fan Hsu Lai-tai said.

In Fan's opinion, they are architects of their own misfortune as they turned the oaths into political exhibitions. They not only lost their seats but also let their voters down. The people who voted for them did not ask them to perform such antics.

"They have no right to be legislators," Fan told China Daily after the High Court disqualified Leung Kwok-hung, Nathan Law Kwun-chung, Lau Siu-lai and Edward Yiu Chung-yim last month.

Last November, the Court of Appeal also upheld the original ruling removing separatist activists Sixtus Leung Chung-hang and Yau Wai-ching as LegCo members. The two took oaths improperly by adding pro-independence elements and insulting the Chinese nation.

In an exclusive interview, Fan, now a member of the National People's Congress Standing Committee, expressed strong disapproval of the gross misconduct by Leung, Law, Lau and Yiu. They also attempted to storm a Finance Committee meeting on July 14 - the day the court ruling was handed down - and again the very next day, under the escort of opposition lawmakers.

"This attempt showed their disrespect for rule of law and the court ruling, and the same can be said to those who protected the disqualified lawmakers by forming chains to protect them," she said.

"The opposition lawmakers, including some lawyers and barristers, escorted Leung and Yau last time and they did it again this time. This showed they have not learnt from their mistakes and criticism leveled at them," explained Fan.

"These people always claim they uphold rule of law in Hong Kong. I wonder if this is only a slogan."

Some legal practitioners said the disgraced lawmakers and those who escorted them appeared to have committed the criminal offense of contempt of court.

The opposition camp reacted fiercely to the disqualifications, accusing the government of robbing their seats against the choices of voters but they dared not criticize the court.

Fan added: "Although you are chosen by voters, you cannot break the law. Legislators must show good examples and obey the law, while oaths are governed by the Oaths and Declarations Ordinance.

"They are the ones who disrespect their voters by not taking the oath solemnly and sincerely."

Fan noted that the disqualified lawmakers said they would lodge an appeal. "Before they appeal, they must obey the existing ruling, but they selectively obey only court rulings beneficial to them," she said.

Fan also said: "Certain media organizations and young people are influenced by such erroneous concepts, thinking they can do whatever they like in the name of democracy. And that resulted in disturbances such as 'Occupy Central' and the Mong Kok riot."

Some commentators said Fan, who was LegCo president from 1997 to 2008, and her successor Jasper Tsang Yok-sing (president from 2008 until last year) were too lenient with people not taking the oaths properly.

But Fan recalled: "In 2004 Leung Kwok-hung wanted to add something to the oath but the LegCo Secretariat objected. He sought a judicial review and the judge said he should follow the exact wording.

"It was the LegCo secretary-general, not me, who administered his oath. After I was elected LegCo president, no one questioned the legitimacy of his oath; so I took no action. In 2008, the secretary-general again administered the oaths. The oaths of these two people were clearly not in order but Tsang allowed them to re-take the oaths.

"Society has changed. In the early years, only one or two did tricks with the oath but over a dozen people messed around (last year). And oaths with 'independence' elements are the most outrageous," Fan said.

joseph@chinadailyhk.com

(HK Edition 08/02/2017 page4)