Beijing bars 2 young Hong Kong legislators who 'posed a grave threat' - Action News
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Beijing bars 2 young Hong Kong legislators who 'posed a grave threat'

China's top legislature effectively barred two democratically elected separatist lawmakers from taking office in Hong Kong with a ruling Monday on the city's constitution, an intervention into a local political dispute that's likely to spark further turmoil in the southern Chinese city.

Sixtus Leung and Yau Wai-ching from Youngspiration Party disparaged China in oaths last month

Pro-independence legislator-elects Sixto Leung, right, and Yau Wai-ching are shown Nov. 3 in Hong Kong. (Bobby Yip/Reuters)

China's top legislature effectively barred two democratically elected separatist lawmakers from taking office in Hong Kong with a ruling Monday on the city's constitution, an intervention into a local political dispute that's likely to spark further turmoil in the southern Chinese city.

The National People's Congress Standing Committee in Beijing said it adopted an interpretation of an article in Hong Kong's mini-constitution on oath-taking. It acted after a provocative display of anti-China sentiment by two newly elected pro-independence Hong Kong lawmakers at their swearing-in ceremony last month.

Thousands of people protested in Hong Kong on Sunday, demanding that China's central government stay out of the political dispute, saying the move would undermine the city's considerable autonomy and independent judiciary. Police used pepper spray and batons to contain some of the demonstrators, arresting two.

Hong Kong's Beijing-backed leader, Chief Executive Leung Chun-ying, says he will implement the ruling.

Leung told reporters Monday that the duo from the Youngspiration party,Sixtus Leung and Yau Wai-ching, "deliberately violated the oath-taking procedure and content requirements of the oath."

He said: "They even insulted the country and the Chinese people in their words and deeds in the oath taking as well as advocating Hong Kong independence. Their conduct has caused widespread indignation in Hong Kong and across the country."

Newly elected lawmaker Yau Wai-ching displayed the 'Hong Kong is not China' banner before taking oath on Oct. 12. (Bobby Yip/Reuters)

He said that Beijing's "interpretation has clarified that any oath taken in a manner that is not sincere or solemn is considered a decline to take the oath and that oath taken is rendered invalid." Therefore, he said, that person is disqualified.

The legislative panel in Beijing said the words and actions Leung and Wai-ching "posed a grave threat to national sovereignty and security," Xinhua reported.

Protests evoke student demos 2 years ago

Last month, Leung, 30, and Yau, 25, altered their oaths to insert a disparaging Japanese term for China. Displaying a flag reading "Hong Kong is not China," they vowed to defend the "Hong Kong nation." Leung crossed his fingers, while Yau used the F-word in her pledge.

Their oaths were ruled invalid, but subsequent attempts have resulted in mayhem in the legislature's weekly sessions.

Lee Cheuk-yan, a former pro-democracy lawmaker who was among the protesters, said Hong Kong residents were concerned that Beijing was encroaching on their relative freedoms, such as freedom of speech and expression.

"We may not agree with the two [newly elected lawmakers], their language, but we have to protect their rights because they are elected members," Lee said. "If [Beijing] can deprive them this time, they can deprive others because of other speeches or language or protest."

A demonstrator carries a yellow umbrella, symbol of the civil disobedience movement, and a placard with an image of Hong Kong Chief Executive Leung Chun-ying reading 'Father of Hong Kong independence' during a protest on Sunday against what they call Beijing's interference over local politics and the rule of law. (Tyrone Siu/Reuters)

After the protest march, several thousand people protested in the evening outside Beijing's liaison office. Police used pepper spray and batons on demonstrators amid some scuffling.

Some protesters wore face masks and hoisted open umbrellas symbols reminiscent of student-led pro-democracy demonstrations in 2014 that swelled to such numbers they blocked key Hong Kong streets.

Helmeted police officers with shields stood in several rows, creating a blockade against the protesters. "Open the road! Open the road!" the demonstrators chanted, as police warned them not to charge.

'Central government cannot sit idly'

Senior police superintendent Tse Kwok-wai said police arrested two men, aged 39 and 57, one for obstructing police work and the other for failing to show his identity card. "Police strongly condemn protesters for breaking the law," Tse said.

Demonstrators held signs reading "Defend the rule of law" and calling for Leung Chun-ying, to step down.

Some said that if China's top legislative panel issued its own interpretation on oath-taking, it would effectively undermine a Hong Kong court's ongoing review of the case.

"In [the] long run, that will damage our confidence in the court," said Alvin Yeung, a legislator.

If such a situation were to persist, the Standing Committee said, it would hurt the interests of Hong Kong's residents and China's progress. "The central government cannot sit idly and do nothing," it said.

The interpretation involves an article in Hong Kong's constitution, known as the Basic Law, that covers oaths taken by lawmakers.

Such an outcome would be favourable to China's Communist leaders, who are alarmed by the former British colony's burgeoning independence movement, but is also likely to plunge their troubled relationship into fresh turmoil.