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Hong Kong authorities have weak legal case for demanding disqualified councillors return pay, but ‘tactic worked’, government sources say

  • Insider says while forcing councillors to return every penny from Day 1 of their terms lacked ‘strong legal basis’, the mere idea resulted in nearly 200 resignations
  • But one councillor who stepped down notes even if it were a bluff, the government could afford to tie things up in the courts, while they could not

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Rosanda Mok on Monday became one of nearly 200 Hong Kong district councillors to step down in recent days amid government pressure. Photo: Felix Wong

A game of brinkmanship – albeit an uneven one – between Hong Kong authorities and district councillors appears to be playing out decisively in the government’s favour.

In the days since administration sources told several media outlets that disqualified district council members could be required to return every dollar of salary and operating allowances received since taking office – as much as HK$2 million (US$257,500) per person – nearly 200 opposition councillors have resigned, with many citing bankruptcy fears.

But two government sources on Monday told the Post that authorities were well aware the legal rationale for requiring disqualified councillors to return everything they were paid since the start of their terms was weak.

“But the tactic worked,” one of the sources said, suggesting the widely circulated rumours – which came in lieu of concrete action – had been enough to get the councillors to voluntarily step down.

The more opposition councillors resign without taking their oath, the fewer the government will need to disqualify and the fewer legal challenges will emerge
Government source
Riding on the momentum of the anti-government protests, the opposition bloc scored an unprecedented landslide victory in the 2019 district council polls, grabbing 388 of 452 directly elected seats and taking control of 17 of the city’s 18 councils.
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