The Hong Kong Bar Association issued a statement yesterday, saying that the SAR Government’s decision to disqualify four Legislative Council members is a bypass of the Basic Law, is retroactive, is clearly not due process, and seriously undermines the principle that the law must be clear.
According to the statement, the Hong Kong government claimed that its decision was based on the “Motion on the Qualification of Legislative Councillors” issued by the NPCSC on the 11th of November, while the official statement also claimed that the motion was issued by the NPCSC at the request of the SAR government. In fact, the NPCSC announced the bill only a short time before the Hong Kong government announced its decision.
In the view of the Federation, the Hong Kong government’s retrospective application of the NPCSC’s motion is clearly not due process, bypassing the seven specific circumstances for disqualification of deputies stipulated in Article 79 of the Basic Law, and seriously undermining the principle that the law must be clear.
The government also said that the decision was based on the fact that the Returning Officer (RO) had ruled that four lawmakers did not meet the nomination requirements for the seventh Legislative Council election, but the RO did not address the issue of the term of office of the current Legislative Council, and that the disqualification of candidates by the RO itself was controversial, pending a court review.
The Federation believes that the NPCSC’s decision, without foundation, actually elevates the importance of the RO’s decision under the constitution.
The Congregation stresses that it is one of the core principles of the rule of law that no one should be deprived of his or her rights without due process of law. To deprive the four councillors of their right to continue to serve as councillors by purely administrative decision, without giving them any opportunity to respond, would violate the principles of fairness and procedural justice inherent in the rule of law.
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