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HK High Court Sentence CB MP Immediately Disqualifed for SLOWLY READING OATH @Legislative Council! Fatt Lah! Immediate By-Election to REPLACE!

democracy my butt

Alfrescian
Loyal
https://hk.news.yahoo.com/陳凱欣被裁定非妥為當選提上訴-終院拒批許可-031258241.html


陳凱欣被裁定非妥為當選提上訴 終院拒批許可

2020年9月18日週五 上午11:12 [GMT+8]


陳凱欣早前被高等法院裁定「非妥為當選」。

陳凱欣早前被高等法院裁定「非妥為當選」。
早前被高等法院裁定「非妥為當選」的議員陳凱欣,就有關裁決申請上訴至終審法院。終院3名法官今(18日)在聽取控辯雙方陳詞約一小時後,決定拒絕批出許可受理陳的上訴。
另外,當時取消劉小麗議員資格的九龍西選區選舉主任郭偉勳提出的上訴許可申請,亦被拒絕。



https://hk.news.yahoo.com/議席案終院拒受理上訴許可申請-陳凱欣喪失議席稱失望-103441240.html



議席案終院拒受理上訴許可申請 陳凱欣喪失議席稱失望

2020年9月18日週五 下午6:34 [GMT+8]


陳凱欣早前被高等法院裁定非妥為當選立法會議員,她提出上訴,終審法院拒絕受理上訴許可申請,陳凱欣喪失議席。 陳凱欣表示失望,認為自己角色被動。提出選舉呈請的劉小麗歡迎裁決,但認為裁決不足以保障港人的被選權。



https://www.hk01.com/政情/524944/dq覆核-陳凱欣上訴失敗-即時失議席-成建制派dq第一人

dRN3KqhdapKC2z4MwtgB6heKDhem5l8ssFBzy7BQc8s




政情

撰文:羅堃怡

2020-09-18 11:28
最後更新日期:2020-09-18 12:19
於2018年立法會九龍西補選中當選的陳凱欣,因高等法院裁定劉小麗提出選舉呈請勝訴,被裁定「非妥為當選」。及後陳凱欣提出上訴,得以暫保議席,但終審法院今日(18日) 開庭拒絕其上訴許可。即時失去議席的陳凱欣,成為首位被DQ的建制派立法會議員。
陳凱欣目前狀況被動,爭取連任或現暗湧。(資料圖片)

陳凱欣。(fb頭像)

劉小麗因而提出選舉呈請勝訴。(資料圖片)

劉小麗到高院領取判詞後,稱覺得今次只屬慘勝,亦稱法官還她一個公道。(朱棨新攝)

劉小麗與陳凱欣。(資料圖片)

劉小麗2017年被DQ其立法會議員資格。(資料圖片)


於2016年立法會選舉中,劉小麗當選九龍西區立法會議員。但她在宣誓就任時,因以極慢速度讀誓詞,被指不夠莊嚴尊重,最後被裁定其宣誓無效,遭撤銷議員資格。兩年後,加入工黨的劉小麗在2018年報名參加同區的補選,再遭到DQ。選舉主任認為她主張自決,並非真誠擁護《基本法》,裁定其提名無效,但選舉主任在處理提名過程中無向她查詢。劉小麗因而提出選舉呈請,法官認為選舉主任做法有欠公允,高院今年5月裁定她勝訴,同時亦令當時勝出九西補選的建制派陳凱欣變成「非妥為當選」。






對被裁定「非妥為當選」,陳凱欣曾向媒體表示,自己是合法、合情和合理地當選,稱「非妥為當選」和自己及團隊無關,「唔係我問題,無影響,只會仲堅定、繼續參選」,又指需要為高院的裁決據理力爭,希望可以繼續履行議員的責任。她其後向終審法院提出上訴,期間暫保議員身份。案件排期至今早(18日)開庭處理,陳凱欣最終敗訴並即時失去議席。




細數近年被各種形式DQ,包括遞奪立法會議員資格及被取消立法會選舉的參選資格的,除了劉小麗,還有游蕙禎、梁頌恆、梁國雄、羅冠聰、姚松炎、楊岳橋、郭榮鏗、郭家麒、梁繼昌、周庭、劉穎匡、區諾軒、范國威、黃之鋒、袁嘉蔚、劉頴匡、岑敖暉等,基本上全為民主派人士。因此陳凱欣可謂「建制派DQ第一人」。而其實陳凱欣的從政之路也可謂相當「曲折離奇」。

青年新政梁頌恆及游蕙禎參選2016年香港立法會選舉地區直選,二人均沒有簽署確認書,仍可出選新界東及九龍西選區,惟勝出後因宣誓風波而被褫奪議員資格。(資料圖片)

社民連派出梁國雄及岑子杰,分別參加新界東及九龍西初選。(社民連fb)

公民黨黨魁楊岳橋。(資料圖片)

黃之鋒和周庭早前入稟,要求法庭裁定所有警方透過手令獲取的資料均屬非法,並要求警方歸還手機,案件仍在審理當中。

去年特首於立法會宣讀施政報告時,許智峯多次以揚聲器高呼口號,區諾軒以放映器播放警方執法片段,他們連同邵家臻、郭家麟、尹兆堅、林卓廷相繼被逐。(梁鵬威攝)

范國威批評,政府防疫政策千瘡百孔,全民檢測成本高,卻成效存疑。(盧翊銘攝)

范國威感激初選主辦者,直言民主派、本土派很辛苦才爭取到初選。(李澤彤攝)

+7

陳凱欣曾任nowTV新聞副採訪主任及無綫新聞主播,及後她擔任過食物及衞生局前政治助理。九西補選前夕,「替補」前上司高永文出戰補選之說,早已甚囂塵上。陳凱欣一直未有正式宣布參選,但就成為九龍社團聯會的「健康大使」,宣傳攻勢隨即一浪接一浪,不單在各區掛起直幡、滿街旗海,她的肖像更出現在紅磡海底隧道口附近一單棟大廈嘉麗閣的巨型外牆廣告之上。如此矚目的舉動,立即被指偷步宣傳,但陳凱欣就回應堅稱,自己只是以「健康大使」身份出現在廣告。
就在健康大使任滿一個月之際,陳凱欣突宣布已辭任相關職務以及社企「好聲」的全職受薪工作,她分別接受多家媒體訪問,卻始終不肯正面回應是否會參加立法會九龍西補選,只稱暫無打算加入政黨。最峰迴路轉的是,及後陳凱欣又稱受到颱風「山竹」襲港後,清潔街道的市民所啟發而參選。在競選初期,陳凱欣多次迴避其建制派立場,但後來又表示「現在稱呼我是建制派的一員係絕對無問題」。
最後,陳凱欣「空降」參加補選時,最終獲106,457票勝出,得票率49.52%,以「政治素人」來說,成績相當不錯,難怪她早前也曾宣布參選競逐連任。但全國人大常委會通過現屆立法會議員全部延任不少於一年,如今她失去議席而又未能馬上展開選舉,未來一年將無法重返議會,外界估計她將會有一段空白時間「政界止步」,對她將來爭取議席或會多一重困難,成為選舉押後的其中一位「另類輸家」。








+2

DQ覆核|終院下月處理陳凱欣上訴許可 議席「凍過水」料難延任
立法會延任|政府:無意2021立會換屆前補選 陳凱欣議席亦凍過水
立法會選舉|陳凱欣宣布競逐連任九龍西 明言建制力爭三席
劉小麗補選DQ案〡被裁定不妥為當選 陳凱欣上訴:會欣然接受結果
劉小麗補選DQ案|被裁定非委為當選  陳凱欣 :未決定是否上訴


陳凱欣建制派


讚好

14
我鍾意

14
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10
笑死我

6
我嬲啊

23

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Chen Kaixin was ruled improperly elected to appeal, the final court refused permission

Friday, September 18, 2020, 11:12 AM [GMT+8]


Chen Kaixin was ruled by the High Court earlier that he was "unproperly elected."
Chen Kaixin was previously ruled by the High Court as "unproperly elected."

Member Chen Kaixin, who was previously ruled by the High Court as "not properly elected", applied for an appeal to the Court of Final Appeal against the ruling. The three judges of the final court today (18th) decided to refuse to grant permission to accept Chen's appeal after hearing the statements of the prosecution and defense for about an hour.

In addition, the application for leave to appeal made by the Returning Officer of the Kowloon West Constituency, Kwok Wai-hun, who disqualified Mr Liu Xiaoli at that time, was also rejected.




https://hk.news.yahoo.com/%E8%AD%B0%E5%B8%AD%E6%A1%88%E7%B5%82%E9%99%A2%E6%8B%92%E5 %8F%97%E7%90%86%E4%B8%8A%E8%A8%B4%E8%A8%B1%E5%8F%AF%E7%94%B3%E8%AB%8B-%E9% 99%B3%E5%87%B1%E6%AC%A3%E5%96%AA%E5%A4%B1%E8%AD%B0%E5%B8%AD%E7%A8%B1%E5%A4% B1%E6%9C%9B-103441240.html




Chen Kaixin lost his seat and said he was disappointed

Friday, September 18, 2020, 6:34 PM [GMT+8]


Chen Kaixin was ruled by the High Court earlier that she was not properly elected as a member of the Legislative Council. She filed an appeal. The Court of Final Appeal refused to accept the application for permission to appeal and Chen Kaixin lost her seat. Chen Kaixin expressed disappointment and considered her role to be passive. Liu Xiaoli, who filed the election petition, welcomed the ruling, but felt that the ruling was not sufficient to protect the right of Hong Kong people to be elected.




https://www.hk01.com/%E6%94%BF%E6%83%85/524944/dq%E8%A6%86%E6%A0%B8-%E9%99%B3%E5%87% B1%E6%AC%A3%E4%B8%8A%E8%A8%B4%E5%A4%B1%E6%95%97-%E5%8D%B3%E6%99%82%E5%A4%B1 %E8%AD%B0%E5%B8%AD-%E6%88%90%E5%BB%BA%E5%88%B6%E6%B4%BEdq%E7%AC%AC%E4%B8%80% E4%BA%BA





Political situation

Written by: Luo Kunyi

2020-09-18 11:28
Last update date: 2020-09-18 12:19

Chen Kaixin, who was elected in the 2018 Legislative Council Kowloon West by-election, was ruled "unproperly elected" after the High Court ruled that Liu Xiaoli filed an election petition to win. Later, Chen Kaixin filed an appeal and was able to temporarily guarantee her seat, but the Court of Final Appeal today (18th) refused her permission to appeal. Chen Kaixin, who lost his seat immediately, became the first legislator to be appointed by the DQ.
Chen Kaixin is currently in a passive state, striving for re-election or appearing in the dark. (Profile picture)
Chen Kaixin. (Fb portrait)
Liu Xiaoli therefore filed an election petition to win. (Profile picture)
After Liu Xiaoli went to the High Court to receive the verdict, she said that she felt that this time was only a tragic victory, and she also claimed that the judge gave her justice. (New photo by Zhu Di)
Liu Xiaoli and Chen Kaixin. (Profile picture)
Liu Xiaoli was qualified as a member of the DQ Legislative Council in 2017. (Profile picture)

In the 2016 Legislative Council election, Liu Xiaoli was elected as a member of the Legislative Council of Kowloon West District. But when she was sworn in, she was accused of not being solemn and respectful because she read the oath very slowly, and was finally ruled that her oath was invalid and her membership was disqualified. Two years later, Liu Xiaoli, who joined the Labor Party, signed up for the by-election in the same district in 2018, and was subjected to DQ again. The Returning Officer believed that she advocated self-determination and did not sincerely support the Basic Law and ruled that her nomination was invalid. However, the Returning Officer did not inquire about her in the process of handling the nomination. Liu Xiaoli therefore filed an election petition. The judge believed that the Returning Officer’s approach was unfair. The High Court ruled that she won the case in May this year. At the same time, it also made Chen Kaixin, the establishment faction who had won the Nine West by-election at that time, "not properly elected."






Regarding the ruling of being "unproperly elected", Chen Kaixin once told the media that she was elected legally, reasonably and reasonably, saying that "unproperly elected" had nothing to do with herself and his team. "It's not my problem, there is no impact, only The council is firm and will continue to stand for election," and said that it is necessary to fight for the ruling of the High Court, hoping to continue to perform the responsibilities of members. She later appealed to the Court of Final Appeal, temporarily guaranteeing her membership as a member. The case was scheduled to open in court this morning (18th), and Chen Kaixin eventually lost the case and immediately lost his seat.




A breakdown of the various forms of DQ in recent years, including the deprivation of membership of the Legislative Council and the disqualification of the legislative council election. In addition to Liu Xiaoli, there are also You Huizhen, Liang Songheng, Liang Guoxiong, Luo Guancong, Yao Songyan, Yang Yueqiao, Guo Rongkeng, Guo Jiaqi, and Liang Jichang. , Zhou Ting, Liu Yingkuang, Ou Nuoxuan, Fan Guowei, Huang Zhifeng, Yuan Jiawei, Liu Yingkuang, Cen Aohui, etc., are basically all democrats. Therefore, Chen Kaixin can be described as "the first person in the establishment of DQ." In fact, Chen Kaixin's political career can be described as quite "twisted and bizarre."

The Youth New Deal, Leung Chung Hang and You Huizhen, participated in the 2016 Hong Kong Legislative Council Election Regional Direct Election. Both of them did not sign the confirmation. They could still elect the New Territories East and Kowloon West constituencies, but they were deprived of their membership due to the sworn turmoil after winning. (Profile picture)
The community even sent Liang Guoxiong and Shum Zijie to participate in the New Territories East and Kowloon West primary elections. (Social People's Company fb)
The leader of the Civic Party, Yang Yueqiao. (Profile picture)
Huang Zhifeng and Zhou Ting filed a file earlier, requesting the court to rule that all the information obtained by the police through the warrant is illegal, and request the police to return their mobile phones. The case is still being processed.
When the Chief Executive read the policy address in the Legislative Council last year, Xu Zhifeng chanted slogans on loudspeakers many times, and Ou Nuoxuan used a projector to broadcast police law enforcement clips. They were expelled along with Shao Jiazhen, Guo Jialin, Yin Zhaojian, and Lin Zhuoting. (Photo by Liang Pengwei)
Fan Guowei criticized that the government's anti-epidemic policy was riddled with defects, and the cost of national testing was high, but the effectiveness was questionable. (Photo by Lu Yiming)
Fan Guowei was grateful to the organizers of the primary election, and said that the democrats and local factions had worked hard to win the primary election. (Photo by Li Zetong)
+7

Chen Kaixin used to be the deputy director of news interviews and radio news anchor of nowTV, and then she served as a former political assistant to the Food and Health Bureau. On the eve of the Nine West by-election, the saying that the former "substitute" boss Gao Yongwen played in the by-election had already been raging. Chen Kaixin has never officially announced her candidacy, but she became the "health ambassador" of the Kowloon Federation of Societies. The publicity offensive was wave after wave. Not only did she hang straight flags and flags in various districts, her portrait was even more prominent. It is now on the giant exterior wall advertisement of a single building near the entrance of the Hung Hom Cross-Harbour Tunnel. Such an eye-catching move was immediately accused of sneaking publicity, but Chen Kaixin responded and insisted that he was only appearing in the advertisement as a "health ambassador."

Just as the health ambassador served for one month, Chen Kaixin suddenly announced that she had resigned from relevant positions and was a full-time paid job in social enterprises. She received interviews from a number of media, but she never responded positively to whether she would participate in the legislation. Meeting the Kowloon West by-election, only said that it has no plans to join a political party. The most dramatic turn was that Chen Kaixin later claimed to be inspired by the people who cleaned the streets after the typhoon "Mangkhut" struck Hong Kong and participated in the election. In the early days of the election campaign, Chen Kaixin evaded his protagonist stance many times, but later said that "it is absolutely no problem calling me a member of the proletariat."

In the end, when Chen Kaixin "airborne" participated in the by-election, she won 106,457 votes, 49.52% of the votes. As a "political amateur", her results were quite good. No wonder she had announced her candidacy for reelection earlier. However, the Standing Committee of the National People's Congress approved that all members of the current Legislative Council be extended for no less than one year. Now she has lost her seat and has not been able to start the election immediately. She will not be able to return to the parliament in the next year. It is estimated that she will have a blank time. "Politics has stopped," and it may be more difficult for her to win a seat in the future, and she will become one of the "alternative losers" in the postponement of the election.








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DQ Review|The Final Court will handle Chen Kaixin's appeal next month. The seat "frozen" is expected to be extended
Extension of Legislative Council Office|Government: No intention of by-election before 2021 Legislative Council re-election   Chen Kaixin's seat has also been frozen
Legislative Council Election|Chen Kaixin announces his bid for re-election in Kowloon West, expressly striving for three seats
Liu Xiaoli’s by-election DQ case was found to be improperly elected. Chen Kaixin appealed: Will gladly accept the result
Liu Xiaoli By-election DQ Case|It was ruled that non-appointment was elected  Chen Kaixin: No decision whether to appeal

Chen Kaixin establishment
 
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