The Court of Appeal has rejected an appeal application to potentially disqualify Hong Kong opposition lawmakers Eddie Chu and Cheng Chung-tai.

In July, Lo King-yeung’s application was rejected at the Court of First Instance as he did not submit the required deposit. The legal challenge was suspended. He then applied to appeal but was rejected by the Court of First Instance, as Mr Justice Thomas Au said that Lo had caused an unreasonable delay and there was no reason for the appeal court to hear his arguments.

Following that, Lo applied to the Court of Appeal saying that there were new constitutional legal points. However, his application was rejected on Monday.

Cheng (L) and Chu (R) taking their oaths. Photo: Legislative Council.

The High Court’s Chief Justice Andrew Cheung and Court of Appeal Vice-President Johnson Lam ruled that Lo did not provide new points, and it would not affect the ruling of the Court of First Instance unless the judge had made errors relating to legal principles.

It ruled that Lo had to pay Chu HK$79,000 in legal fees. Cheng represented himself and thus no legal fees were incurred.

The court had already disqualified six opposition lawmakers in the ongoing controversy over last October’s oath-taking ceremony as a result of lawsuits filed by the government.

Lo King-yeung (R) accompanied by pro-Beijing activist Fu Chun-chung (L). File

During the ceremony at the legislative chamber last October, Chu shouted “democratic self-determination, tyranny will end,” while Cheng said: “a constitution by all people, make a new covenant.”

The oath-taking cases triggered a controversial interpretation of the Basic Law by Beijing last November, which retroactively stipulated how legislators should have taken their oaths.

Kris Cheng

Kris Cheng is a Hong Kong journalist with an interest in local politics. His work has been featured in Washington Post, Public Radio International, Hong Kong Economic Times and others. He has a BSSc in Sociology from the Chinese University of Hong Kong. Kris is HKFP's Editorial Director.