Opinion | Push for convicted lawmakers to be ousted - for the sake of democracy
Albert Cheng urges pan-democrats not to block any bid to impeach radical legislators, so a by-election could be held as a form of referendum
Radical lawmakers Wong Yuk-man and Albert Chan Wai-yip have been given suspended jail terms for unlawful assembly after a protest march two years ago. Immediately, the pro-establishment camp sees an opportunity to get rid of its opposition from the legislative assembly.
Article 79 of the Basic Law states that if a legislator is found guilty of a criminal offence and sentenced to a month or more in jail, he could be relieved of his duties by a motion passed by two-thirds of legislators present in the chamber.
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Citing this, Ann Chiang Lai-wan, vice-chairwoman of the Democratic Alliance for the Betterment and Progress of Hong Kong, sought the dismissal of the two lawmakers from the legislature. But Chiang was ill-prepared for her first strike and her impeachment bid was challenged on legal points. She said she would seek advice before deciding whether to table it again.
Previously, lawmaker "Long Hair" Leung Kwok-hung was given a two-month jail term and an impeachment bid was put forward by pro-establishment legislator Paul Tse Wai-chun. But that effort was eventually blocked by the pan-democrats.
Based on this precedent, the pro-establishment camp knows that an impeachment bid will go nowhere, yet they insist on pressing ahead. Their motive is clear; this is a political gesture and Chiang's intention is to embarrass the two radical lawmakers.
The pro-establishment camp claims that the impeachment motion is to safeguard the dignity of the council; how morally upright. Before they point their accusatory fingers, though, they should look closer to home, because the real embarrassment in the Legislative Council is people like Chiang - who make the most noise, but make no worthwhile contribution. They are the reason the majority of Hongkongers have lost respect for the council.
From a strategic perspective, I encourage Chiang to go ahead and impeach the pair. If they were removed from Legco, the two could possibly make a comeback through by-elections. That would be equivalent to a referendum and thus allow the public to use the power of the ballot. That would be an effective electoral exercise to advance our democratic cause.
