Basic Law Article 48

According to BL48, the CE shall exercise the following powers and functions: ... to be responsible for the implementation of the Basic Law and other laws which, in accordance with the Basic Law, apply in the HKSAR.

I would have thought that the CE is thus responsible for implementing BL104 and is therefore qualified to be one of the parties to the court hearing, and more importantly, to be the authority to declare that the duo failed to comply with BL104 as well as the ODO. If so, the onus falls on the duo to JR the Government and it will save the following embarrassing questions from Jat representing the LegCo President. We shall see how this saga unfolds.

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[Jat] said the government’s argument is based on the assumption that Section 21 can be triggered automatically.

However, Jat said, the government then contradicted its position by first maintaining that the court is the final adjudicator on whether Section 21 of the ODO should be invoked, and later argued that Leung is obliged to declare that Yau and Leung were no longer entitled to retake their oath in accordance with Section 21.

He said the government’s logic was “rather odd.”

The correct view, he said, is that Section 21 of the ODO cannot be triggered automatically, which would have allowed the Legislative Council Secretariat to disqualify lawmakers without the president’s authorisation.

Further, Jat said, there is no legal obligation imposed on the president stating that he must invoke the section; it remains a matter of discretion.

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