Legislative Council Annual Report 2016-2017

With about one third of new faces in its membership, the Sixth Legislative Council ("LegCo") commenced with unprecedented challenges. Members of LegCo, when assuming office, are required under Article 104 of the Basic Law ("BL") to take the Legislative Council Oath ("LegCo Oath") in accordance with the Oaths and Declarations Ordinance (Cap. 11). At the first Council meeting held on 12 October 2016 when Members took their LegCo Oath, some of them engaged in conduct which, as contended by the Government, amounted to declining or neglecting to take the LegCo Oath. In the judicial review applications to the Court of First Instance, the Government sought the Court's declarations that the office of these Members of LegCo were vacated. In November 2016, the Standing Committee of the National People's Congress ("NPCSC") made an interpretation of BL 104 concerning oath-taking by public officers including Members of LegCo. The interpretation provides in no uncertain terms that oath-taking is the legal prerequisite and required procedure for Members of LegCo to assume office, and an oath-taker who intentionally reads out words which do not accord with the wording of the oath prescribed by law, or takes the oath in a manner which is not sincere or not solemn shall be treated as declining to take the oath and is disqualified from assuming the public office. President's Foreword Hon Andrew LEUNG Kwan-yuen, President of the Legislative Council. 2 Legislative Council Annual Report 2016-2017