HONG KONG's High Court yesterday quashed a legal challenge by the popular Democratic Party against an unelected legislature that China plans to install after it takes over the British colony on July 1st. The High Court Judge, Mr Raymond Sears, rejected an attempt to impose an injunction against the assembly and ruled that the judiciary should keep out of Britain and China's political squabbles.
The future Hong Kong leader, Mr Tung Chee-hwa, quickly applauded the ruling. A statement from Mr Tung's office said he "welcomed the court could come to such a quick decision on the matter".
Hong Kong's democracy lobby, backed by western states, has campaigned actively at home and overseas against the unelected chamber.
The plaintiff, Democratic Party member Mr Ng King-luen (74), was represented in court by the party's leader, Mr Martin Lee, one of the leading barristers in the territory. Mr Lee, a party founder, was demanding a judicial ruling on whether the Provisional Legislature was usurping the lawmaking authority of the incumbent elected Legislative Council by processing new laws before the handover.
The party demanded a court injunction to halt bills passing through the interim parliament and a declaration that all bills passed before July 1st will be ruled void. The case was based on an argument that Hong Kong's present constitution, known as the Letters Patent, allows only one legislature to pass laws for Hong Kong.
Judge Sears said he could not issue a ruling on an assembly that meets outside Hong Kong. "I have no jurisdiction over a body which is meeting in China and passing what they called laws," he said in court. So far, the 60-member shadow legislature has met across the border in the south China city of Shenzhen because of threats to challenge its legitimacy in Hong Kong.
Judge Sears, however, indicated the courts would even allow it to meet on Hong Kong soil - raising a prospect of two rival parliaments each passing laws up to June 30th.
But he said any Hong Kong citizen could raise the matter again in the post-handover courts if they find a law passed by the body is unlawful after July 1st.
Democratic Party vice-chairman and legislator, Mr Yeung Sum, said the party might appeal against the judgment.
The interim assembly, until elections next year, is packed with pro-China politicians and tycoons, chosen by a China-controlled selection committee.
China arranged for the creation of the provisional legislature in retaliation for political reforms introduced by the colonial Governor, Mr Chris Patten, without China's consent.