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Hong Kong pro-independence lawmakers disqualified from office Hong Kong pro-independence lawmakers disqualified from office
(about 2 hours later)
Hong Kong's high court has ruled that two pro-independence lawmakers are disqualified from taking their seats in the Legislative Council. Hong Kong's high court has disqualified two pro-independence lawmakers from taking their seats in the Legislative Council.
Sixtus Leung and Yau Wai-ching refused to pledge allegiance to China when being sworn in last month.Sixtus Leung and Yau Wai-ching refused to pledge allegiance to China when being sworn in last month.
Last week, Beijing pre-empted the ruling by saying that those who did not take the oath properly could not take office. Beijing pre-empted the court ruling, saying last week that those who did not take the oath could not take office.
Thousands protested, calling it a violation of judicial independence. Thousands of people protested over the weekend, calling the decision a violation of judicial independence.
But there have also been protests against calls for further independence for Hong Kong.But there have also been protests against calls for further independence for Hong Kong.
Mr Leung has pledged to appeal against the court's decision, saying it would affect Hong Kong for decades.Mr Leung has pledged to appeal against the court's decision, saying it would affect Hong Kong for decades.
"I'll soon discuss possible legal actions with my lawyers," he told the South China Morning Post."I'll soon discuss possible legal actions with my lawyers," he told the South China Morning Post.
Leung added that he did not regret what he had done. How did the controversy start?
'Independent' conclusion Mr Leung and Ms Yau, both members of the pro-democracy Youngspiration party, were elected in September.
Hong Kong is semi-autonomous under the "one country, two systems" framework in place since it was returned to China in 1997. At their swearing-in ceremony in October the duo unfurled a pro-independence banner and used profanities while taking their oaths.
But its mini constitution, the Basic Law, states Beijing still has the final say in how to interpret its laws. They also used what is considered to be a disrespectful pronunciation of the word China. Their oaths were later invalidated.
The seats of Mr Leung and Ms Yau, from the Youngspiration party, are now vacant after the duo "declined" to take their oaths, Judge Thomas Au ruled on Tuesday. The law says those taking their oaths must "accurately, completely and solemnly" read out the portion that swears allegiance to China.
Judge Au said he had arrived at his conclusion independent of the Basic Law interpretation by Beijing. Mr Leung and Ms Yau were not alone. Hong Kong officials say they think a total of 15 new lawmakers made some variation in the oath, but it is unclear whether any others will be sanctioned.
He added that he agreed with the government's view that Mr Leung and Ms Yau "did not recognise the principle of 'one country, two systems'". What was the pronunciation issue?
The judicial review was sought last month after both the lawmakers attempted to take their oaths several times, but provocatively changed the wording. During their oath, the duo pronounced China "Shee-na" - a variation on Shina, a term used by the Japanese during wartime that is considered disrespectful in China.
They were both elected in September. Was Beijing behind the disqualification?
In a swearing-in ceremony in October, the duo used profanities while taking their oaths. Hong Kong is semi-autonomous under the "one country, two systems" framework - in place since the territory was returned to China in 1997.
They also displayed a pro-independence banner. Their oaths were later invalidated. Hong Kong's mini constitution, the Basic Law, states that it handles most of its affairs internally, while Beijing is responsible for defence and foreign affairs.
The Beijing ruling states that lawmakers taking their oaths must do so "sincerely and solemnly". They must "accurately, completely and solemnly" read out the portion of the oath that swears allegiance to Beijing. But Basic Law also allows Beijing the final say in how to interpret its laws.
The interpretation by Beijing's rubber-stamp parliament, the National People's Congress (NPC), marks the Chinese authorities' most far-reaching intervention in Hong Kong since the handover. Beijing ruled last week that those who did not properly take the oath could not take office.
Li Fei, deputy secretary of China's top legislative panel, warned there would be "no obscurity and no leniency" in Beijing's "firm and clear attitude towards containing and striking the Hong Kong independence forces". The Hong Kong judge who ruled against Mr Leung and Ms Yau, Judge Thomas Au, said he arrived at his conclusion independently of China's ruling.
But critics say what Beijing has done is effectively change the law, rather than just clarify how it should be enacted.
What happens next?
The seats of Mr Leung and Ms Yau are now vacant, and the disqualification will trigger a by-election for their seats.
It is not clear if they can stand again - Hong Kong ruled a decade ago that if you resign your seat you cannot stand again for six months, but the two did not exactly resign.
In theory, there is nothing to stop other Youngspiration supporters from standing, provided they follow the requirements laid out by Beijing's ruling.
There is concern among pro-democracy activists that other legislators could face attempts to disqualify them
More detail: What is Hong Kong's political controversy about?
Supporters on both sides are attempting to launch legal challenges - with one even arguing that the Chief Executive CY Leung's oath was invalid, since he missed out the words "Hong Kong" when he was being sworn in.
Beijing has taken a firm stance. Li Fei, deputy secretary of China's top legislative panel, warned there would be "no obscurity and no leniency" in China's "firm and clear attitude towards containing and striking the Hong Kong independence forces".
Has Beijing done this before?
This is the furthest reach of Beijing into Hong Kong politics since the handover, but it is the fifth time it has acted to interpret the Basic Law.