• Home
  • News
  • Fortune 500
  • Tech
  • Finance
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
Hong Kong

Pro-Independence Activists Cannot Become Lawmakers, Hong Kong Court Rules

By
Nash Jenkins
Nash Jenkins
,
TIME
TIME
and
Michelle Toh
Michelle Toh
Down Arrow Button Icon
By
Nash Jenkins
Nash Jenkins
,
TIME
TIME
and
Michelle Toh
Michelle Toh
Down Arrow Button Icon
November 15, 2016, 5:27 AM ET
HONG KONG-CHINA-POLITICS-DEMOCRACY
Newly elected lawmakers Yau Wai-ching, 25, (front L) and Baggio Leung, 30, (R) arrive at the High Court after a lunch break in Hong Kong on November 3, 2016. Two Hong Kong lawmakers who advocate a split from China should be banned from taking up their seats, government lawyers argued in court on November 3, as concerns grow Beijing will wade into the escalating row. / AFP / Anthony WALLACE (Photo credit should read ANTHONY WALLACE/AFP/Getty Images)ANTHONY WALLACE/AFP/Getty Images

The Hong Kong High Court ruled on Tuesday that two pro-independence activists will not be allowed to serve as legislators despite their elections in early September, because they rejected Beijing’s sovereignty when they took their oaths of office.

The court’s verdict was preempted a week ago by Beijing, which ruled against 25-year-old Yau Wai-ching and 30-year-old Sixtus “Baggio” Leung in a manner that many here decried as a violation of the semiautonomous territory’s judicial autonomy.

The lawmakers were among a handful of young activists elected to Hong Kong’s Legislative Council in recent elections.

On Oct. 12, when they were scheduled to give their oaths of office, instead of reciting the ordained pledge Yau and Leung declared their allegiance to the “Hong Kong Nation” and referred to mainland China as Shina, a Japanese term that was used as an epithet during Japan’s invasion of the mainland during World War II and has since been considered highly offensive by Chinese people.

The pair also unfurled banners that read “Hong Kong Is Not China” during their aborted inauguration.

Judge Thomas Au ruled Tuesday that neither Leung nor Yau had “presented any positive case by way of submissions or evidence” that they had meant to comply with the legislature’s regulations governing oaths of office. He also pointed out that the purpose of Hong Kong’s constitution, known as the Basic Law, was to establish the territory as an “inalienable part of the People’s Republic of China.”

Yau said earlier that she was willing to take the oath properly on a second try if it meant she could take her seat.

However, rights lawyer Jonathan Man, who has been advising Leung, told reporters, “The judge accepts the government argument, [which] said their first oath already equals declining to take oath.”

Their actions of Yau and Leung have caused local uproar and provoked the fury of the Chinese state. A well-organized loyalist rally Sunday drew tens of thousands of people, and came just days after Chinese President Xi Jinping vowed to crush separatism.

For more on Hong Kong, watch Fortune’s video:

“All activities that intend to divide the country will certainly be firmly opposed by all Chinese people,” Xi said in reported remarks given at Beijing’s Great Hall of the People. “We will never allow any one, any organization, any party to split off any tract of territory from China anytime, or in any way.”

There is no word on whether Yau or Leung intend to appeal the court’s ruling. However, Yau tells TIME that she is discussing “further action” with her lawyers.

— With reporting by Kevin Lui / Hong Kong

This article originally appeared on Time.com.

About the Authors
By Nash Jenkins
See full bioRight Arrow Button Icon
By TIME
See full bioRight Arrow Button Icon
By Michelle Toh
See full bioRight Arrow Button Icon
0

Most Popular

placeholder alt text
Real Estate
The 'Great Housing Reset' is coming: Income growth will outpace home-price growth in 2026, Redfin forecasts
By Nino PaoliDecember 6, 2025
2 days ago
placeholder alt text
AI
Nvidia CEO says data centers take about 3 years to construct in the U.S., while in China 'they can build a hospital in a weekend'
By Nino PaoliDecember 6, 2025
1 day ago
placeholder alt text
Economy
The most likely solution to the U.S. debt crisis is severe austerity triggered by a fiscal calamity, former White House economic adviser says
By Jason MaDecember 6, 2025
1 day ago
placeholder alt text
Big Tech
Mark Zuckerberg rebranded Facebook for the metaverse. Four years and $70 billion in losses later, he’s moving on
By Eva RoytburgDecember 5, 2025
2 days ago
placeholder alt text
Economy
JPMorgan CEO Jamie Dimon says Europe has a 'real problem’
By Katherine Chiglinsky and BloombergDecember 6, 2025
1 day ago
placeholder alt text
Uncategorized
Transforming customer support through intelligent AI operations
By Lauren ChomiukNovember 26, 2025
11 days ago
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • Future 50
  • World’s Most Admired Companies
  • See All Rankings
Sections
  • Finance
  • Leadership
  • Success
  • Tech
  • Asia
  • Europe
  • Environment
  • Fortune Crypto
  • Health
  • Retail
  • Lifestyle
  • Politics
  • Newsletters
  • Magazine
  • Features
  • Commentary
  • Mpw
  • CEO Initiative
  • Conferences
  • Personal Finance
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
About Us
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map

© 2025 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.