Pan-dems Release Own Legal Advice On Legco Impasse

Civic Party lawmaker Dennis Kwok says a fresh set of external legal advice over the Legco House Committee saga has confirmed that he's been handling meetings in accordance with the rules, contradicting an earlier outside opinion, but backing the council's own legal team.

The pan-dems decided to hire their own lawyers to look into who has the power to do what regarding the committee meetings after Legco president Andrew Leung said this week that he's been told that former chairwoman Starry Lee can take control of the proceedings.

Disputing this, the pro-democracy camp launched a crowdfunding drive, raising more than HK$240,000 in hours, which they used to hire a team led by Bar Association chairman Philip Dykes and Hong Kong University law expert Johannes Chan.

Kwok said on Thursday that the lawyers share the view of Legco's in-house legal team that Lee does not have the authority to clear a backlog of business that has built up due to filibustering by the pan-democrats, and the election of a new chairperson must come first.

"They say on the proper interpretation of the rules of procedure, the House chairman can only deal with the election of the next House chairman as the only agenda item, and it is not for her [Lee] to exercise the full powers of the House Committee chairman until she is properly elected by the House Committee," Kwok said.

"They are of the view that the way I have been handling the meeting is within the rules of procedure and within my powers, and I have not acted ultra vires."

Kwok said the pan-democrats will submit their legal advice to the House Committee for formal tabling so that it will become part of the Legco record.

The ongoing saga could come to a head on Friday, after Lee said that she will organise two House Committee meetings; one in the morning regarding the election of a chairperson, and another in the afternoon to discuss the first two sets of contradictory legal opinions regarding her powers.

Chief Executive Carrie Lam said this week that she expects Lee to resolve the deadlock, adding that she would be patient and wait a few days to see whether Legco could "rectify itself".