Hong Kong lawmakers fail to eject pro-democracy rivals from legislature for Occupy Central convictions

• Motions were tabled against Tanya Chan and Shiu Ka-chun, both convicted of two charges for their part in the 2014 movement
• But pro-democracy lawmakers shot down the motions raised by Wong Ting-kwong of the DAB and Wong Kwok-kin of the Federation of Trade Unions

Two pan-democrats convicted over their roles in Hong Kong's 2014 Occupy protests managed to keep their seats in the legislature on Wednesday after their pro-establishment rivals failed to pass motions to eject them.

The two motions were tabled by Wong Ting-kwong of the Democratic Alliance for the Betterment and Progress of Hong Kong and Wong Kwok-kin of the Federation of Trade Unions on Wednesday against Civic Party lawmaker Tanya Chan and Professionals Guild's Shiu Ka-chun.

Both Chan and Shiu were in April convicted of two charges for their part in the 2014 movement that involved peaceful sit-ins for 79 days.

But both the motions were shot down by pro-democracy camp lawmakers on Wednesday.

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At the same meeting, a committee was set up to probe alleged misconduct by controversial pro-Beijing legislator Junius Ho Kwan-yiu.

Chan was convicted of one count of inciting others to commit a public nuisance and another of "inciting others to incite", and had her eight-month jail sentence suspended after she was diagnosed with a benign brain tumour.

Shiu has served his eight-month sentence for the same charges.

Chan is in the process of appealing against her conviction, while Shiu has appealed against both his conviction and sentence.

In his speech, Wong Ting-kwong said the motion was launched under the Legislative Council's rules and Article 79 of the Basic Law, the city's mini-constitution.

Under the Basic Law, lawmakers convicted and sentenced to prison for one month or more can be removed from office by a motion supported by two-thirds of all Legco members.

"The public has the right to expect lawmakers to meet some basic standards, such as respecting the rule of law and abiding by local laws," Wong Ting-kwong said. "Those who cannot (meet the standards) should be relieved of their duties."

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There were 29 votes in favour of the motion against Chan and 24 against, while the one against Shiu had 31 votes for and 25 against. Chan and Shiu did not speak or vote in the motions against them.

During the debate over Chan's seat, Shiu defended his ally, saying she only broke the law to achieve greater democracy in the city.

Shiu said the disqualification of Chan would only add to the public's frustration, referring to ongoing protests that erupted in opposition to the now-withdrawn extradition bill in June.

"It will only tear society apart further and add fuel to the flames," Shiu said.

Meanwhile, Civic Party lawmaker Kwok Ka-ki and Council Front's Claudia Mo Man-ching launched motions to unseat Ho over allegations of misconduct.

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Ho in October admitted to shaking hands with white-clad men on July 21, the day when a group of similarly dressed men attacked passengers and protesters at a railway station in Yuen Long.

Kwok accused Ho of "openly supporting and encouraging" acts that may be prosecuted for criminal assault.

Mo's motion concerned Ho's remark in Cantonese in October that she said was sexist and rude.

She alleged Ho violated laws against racial and sexual discrimination, adding he had refused to admit it. "(Ho) has lied his face off," Mo said.

Legco will resume on Thursday to discuss pro-Beijing lawmaker Eunice Yung Hoi-yan's motion to censure localist Cheng Chung-tai over allegations that he had aided protesters in breaking into the legislature on July 1.

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