Following is the transcript of the opening remarks by Hon Andrew LEUNG Kwan-yuen, President of the Legislative Council ("LegCo"), on his decision for deferring the administration of oath or affirmation for Hon Sixtus LEUNG Chung-hang and Hon YAU Wai-ching at a media briefing at the LegCo Complex today (25 October):

I have decided to defer the administration of oath or affirmation for Hon Sixtus LEUNG Chung-hang and Hon YAU Wai-ching.

I ruled on 18 October that I was prepared to allow Mr LEUNG Chung-hang and Ms YAU Wai-ching to take their oath/affirmations afresh at a Council meeting if they put forward their requests to me in writing.

In the application for leave for judicial review, the Applicants seek a declaration that the President has no power to re-administer or allow the re-administration of any further oaths to be taken by Mr LEUNG and Ms YAU.

After hearing parties' submission, while the Court refused to grant the interim injunction, the Court found a strong arguable case on the part of the Applicants and granted leave to the judicial review application.

At the Council meeting of 19 October, as soon as I called upon Hon Sixtus LEUNG Chung-hang to take the oath, 39 Members belonging to the pro-establishment camp left the Chamber.  As a quorum was not present, I adjourned the meeting.

Members belonging to the pro-establishment camp requested I should not administer the oath/affirmation by Hon Sixtus LEUNG Chung-hang and Hon YAU Wai-ching until after the Court decision on the judicial review (was made).

Members in the pan-democratic camp urged me to stick to my decision to allow the two Members to take oath, given that there has been no significant change since the Court's refusal to grant the application for an interim injunction.

In light of the latest developments, I need to review critically whether there are circumstantial changes that warrant my making of a fresh decision.

Under Basic Law 72(2), the President shall decide on the agenda for Council meetings which is reflected in Rule 19(1) of the Rules of Procedure.  Accordingly, it is incumbent upon me as President to ensure that my exercise of the power in deciding on the agenda for Council meetings is not in contravention of any provision of the Basic Law.

I note with grave concern the avowed intention of the Members in the pro-establishment camp to forestall the taking of oath/affirmation by the two Members at all costs.  If I were to continue to place the oath-taking of Mr LEUNG and Ms YAU on the agenda, the most probable outcome would be that the operation of LegCo would come to a complete halt.

As President, I must consider the overall interest of LegCo as a law-making institution.  It is my constitutional duty to ensure the effective discharge of the powers and functions of LegCo, and the orderly, fair and proper conduct of Council meetings.

Having considered the constitutional requirements under the Basic Law, the relevant rules under the Rules of Procedure, the impact on the operation of LegCo and the interest of individual Members concerned as well as the major developments since the Council meeting of 19 October, I find that there are justifiable grounds for me to defer placing the administration of oath/affirmation for Hon Sixtus LEUNG Chung-hang and Hon YAU Wai-ching until the Court has made a decision on the judicial review application.

Ends/Tuesday, 25 October 2016
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