法政匯思成員石書銘大律師談『人大釋法』從何而來

七月十五日,梁國雄、羅冠聰、劉小麗及姚松炎被法庭裁定失去議員資格,「梁游事件」引發人大釋法,結果,今次DQ(取消資格)四位議員的主審法官高等法院原訟法庭法官區慶祥,便直接引用人大釋法各點,頒下DQ裁決,判決相關內容:依據《基本法》第104條(連同2016年11月7日全國人民代表大會常務委員會就此條文發出的解釋(“《解釋》”))的恰當詮釋、《宣誓及聲明條例》的條文、以及參考相關案例,法庭指出有關作出立法會誓言的法律規定有以下的原則。

Gov’t urged to speed up gender recognition legislation after death of transgender woman

More than a thousand individuals and organisations have signed a petition urging the government to speed up the legislation of a gender recognition ordinance after the death of a transgender woman earlier this month. As of Monday, the petition had 1,008 co-signers, including LGBTQ non-governmental organisations Rainbow of Hong Kong, the Association of Transgender Rights, and BigLove Alliance. Political parties such as Demosisto, the League of Social Democrats, and the Progressive Lawyers Group have also signed.

Lawmaker oaths: Experts say Beijing’s actions damaged rule of law and may have violated human rights

Legal experts have raised concerns over Beijing’s interpretation of Hong Kong’s mini-constitution amid the oath row in the legislature, arguing that it damaged Hong Kong’s rule of law and potentially violated human rights. The remarks came after the Court of First Instance unseated four elected lawmakers last Fridayfor failing to take their oaths properly at LegCo last October.

FAQ: How might the ejection of 4 more pro-democracy lawmakers alter Hong Kong’s political landscape?

The slow-motion disaster that is Oathgate has now spread from the pro-independence firebrands to the mainstream pro-democracy camp. After the High Court disqualified localist lawmakers Yau Wai-ching and Baggio Leung nearly nine months ago, four more members of the Legislative Council (Legco) lost their jobs last Friday. Nathan Law, “Long Hair” Leung Kwok-hung, Lau Siu-lai and Edward Yiu had all strayed from the prescribed oath during the swearing-in ceremony. According to the supreme decisionhanded down by China’s National People’s Congress Standing Committee (NPCSC) in November, that minor infraction was enough for all of them to each get a pink slip.

The Long Arm of China’s Law Is Coming Down Heavy on Hong Kong

(Foreign Policy) As Hong Kong prepared to mark the 20th anniversary of its handover to Chinese sovereignty, the pro-independence Hong Kong National Party sent instructions to supporters planning to attend a rally: bring masks both for anonymity and as protection against tear gas, encrypt your electronic devices, and carry a telephone number for legal assistance in case of arrest. The spur for this was the Hong Kong authorities’ prohibition of the rally on the grounds that it violated the territory’s mini-constitution, the Basic Law, which has been in effect since 1997 when Hong Kong returned to Chinese sovereignty. The group had issued this precautionary list with the intention of defying the ban, but it backed down after police threatened the organizer with detention for illegal assembly, despite the fact that he was the sole attendee.