Lung cancer scans backed for older, heavy smokers

After decades of qualms about lung cancer screening, the American Cancer Society says there now is enough evidence to recommend it, but only for current and former heavy smokers ages 55 to 74 and after a frank talk about risks and benefits.

The new guidelines, announced Friday, are a cautious but exciting step against the world's most deadly cancer, doctors who wrote the advice say.

It is based on a big study in 2011 that found annual, low-dose CT scans — a type of X-ray — could cut the chances of dying of lung cancer by 20 percent and from any cause by nearly 7 percent.

The study only included older people who smoked a pack of cigarettes a day for 30 years or the equivalent, such as two packs a day for 15 years. Whether screening would help others isn't known, so scans were not advised for them.

"We're trying to make sure we restrict harm that might come from screening," such as unneeded biopsies and follow-up procedures when scans falsely suggest cancer, said Dr. Richard Wender, family medicine chief at Thomas Jefferson University in Philadelphia. Lung cancer is fairly rare before age 55, so "the benefits of screening are going to be less if you start at a younger age."

Wender, a former Cancer Society president, led the guidelines panel. Three of its 20 members have ties to companies that make cancer treatment or imaging products. The scans cost $100 to as much as $400 and are not covered by Medicare or private insurers.

"We believe insurance companies should cover this test for the right people — not for everybody," Wender said.

More than 160,000 people die of lung cancer in the United States alone each year, and the vast majority are diagnosed after the disease has spread.

Cancer screening has provoked great argument in recent years, especially over when and how often women should get mammograms and whether men should have PSA blood tests to look for prostate cancer.

Some of the most influential guidelines come from a government-appointed panel — the U.S. Preventive Services Task Force — but it hasn't considered lung cancer screening since 2004, when it said there wasn't enough evidence to recommend for or against it. An update is in the works now.

The Cancer Society used to recommend screening with chest X-rays but withdrew that advice in 1980 after studies showed they weren't saving lives. Since then, the CT scans have come into wider use, and several medical groups backed limited screening with them.

Many private companies also market CT scans directly to the public, including for some who are at lower risk for lung cancer than the people in major studies have been.

WellStar Health System, a network of hospitals and private doctors in suburban Atlanta, has screened nearly 900 people since 2008. Less than 3 percent were referred for lung biopsies because of suspicious findings, and of those, 70 percent turned out to have lung cancer, said screening coordinator Vickie Beckler.

The system generally follows the advice of the National Comprehensive Cancer Network, a group of top cancer centers, but eligibility for scans is "a very fluid area" that's being refined, she said. Patients younger than 50 need a doctor's referral for a scan, but if they want one and have major risk factors, "it should be their prerogative to have access to screening as long as they understand the risks and benefits involved and come to that decision with their physician," she said.

Kathy DeJoseph, 62, of suburban Atlanta, is glad she was screened as part of a study at WellStar. Several years of scans found nothing but last year, one detected cancer.

"I'd have been dead had I not had that scan," she said. "I was very, very lucky."

She also finally quit smoking after 40 years to qualify for lung cancer surgery.

Counseling smokers on how to quit is part of the Cancer Society's guidance. Having a scare from a scan "is a great motivator for people to quit smoking — fear that they might have had lung cancer, that they dodged a bullet, really causes people to change and take a look at their behavior," Wender said.

People also should be told that a normal scan doesn't mean no change is needed.

"The absolute worse thing that would happen" is people thinking "now I'm safe and I can continue smoking," he said.

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Online:

Cancer Society: www.cancer.org

National Cancer Institute: http://1.usa.gov/UZq7Vt

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Teen to Hero Teacher: 'I Don't Want to Shoot You'

A California teacher'sbrave conversation with a 16-year-old gunman who had opened fire on his classroom bullies allowed 28 other students to quickly escape what could have been a massacre.

Science teacher Ryan Heber calmly confronted the teenager after he shot and critically wounded a classmate, whom authorities say had bullied the boy for more than year at Taft Union High School.

"I don't want to shoot you," the teen gunman told Heber, who convinced the teen gunman to drop his weapon, a high power shotgun.

Responding to calls of shots fired, campus supervisor Kim Lee Fields arrived at the classroom and helped Heber talk the boy into giving up the weapon.

"This teacher and this counselor stood there face-to-face not knowing if he was going to shoot them," said Kern County Sheriff Donny Youngblood. "They probably expected the worst and hoped for the best, but they gave the students a chance to escape."

One student, who police say the shooter had targeted, was shot. He was airlifted to a hospital and remains in critical, but stable condition, Youngblood said. He is expected to undergo surgery today.

Two other students received minor injuries. One suffered hearing loss and another fell over a table while evacuating. Heber received a wound to his head from a stray pellet, police said.

Taft Midway Driller/Doug Keeler/AP Photo

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Police said the teen, whose name has not been made public because he is a minor, began plotting on Wednesday night to kill two students he felt had bullied him.

Authorities believe the suspect found his older brother's gun and brought it into the just before 9 a.m. on Thursday and went to Heber's second-floor classroom where a first period science class with 20 students was taking place.

"He planned the event," Youngblood said. "Certainly he believed that the two people he targeted had bullied him, in his mind. Whether that occurred or not we don't know yet."

The gunman entered the classroom and shot one of his classmates. Heber immediately began trying to talk him into handing over the gun, and evacuating the other students through the classroom's backdoor.

"The heroics of these two people goes without saying. ... They could have just as easily ... tried to get out of the classroom and left students, and they didn't," the sheriff said. "They knew not to let him leave the classroom with that shotgun."

The gunman was found with several rounds of additional ammunition in his pockets.

Within one minute of the shooting, a 911 call was placed and police arrived on the scene. An announcement was made placing the school on lockdown and warning teachers and students that the precautions were "not a drill."

The school had recently announced new safety procedures following last month's deadly shooting at a Newtown, Conn., elementary school in which 20 young children were killed. Six school staffers, including the principal, were killed as they tried to protect the children from gunman Adam Lanza.

The school employs an armed security guard, but he was not on campus Thursday morning.

Youngblood said the student would be charged with attempted murder, but the district attorney would decide if he was to be tried as an adult.

Some 900 students attend Taft Union High School, located in Taft, Calif., a rural community in southern California.

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Syria rebels seize base as envoy holds talks

BEIRUT/GENEVA (Reuters) - Rebels seized control of one of Syria's largest helicopter bases on Friday, opposition sources said, in their first capture of a military airfield used by President Bashar al-Assad's forces.

Fighting raged across the country as international mediator Lakhdar Brahimi sought a political solution to Syria's civil war, meeting senior U.S. and Russian officials in Geneva.

But the two world powers are still deadlocked over Assad's fate in any transition.

The United States, which backs the 21-month-old revolt, says Assad can play no future role, while Syria's main arms supplier Russia said before the talks that his exit should not be a precondition for negotiations.

Syria is mired in bloodshed that has cost more than 60,000 lives and displaced millions of people. Severe winter weather is compounding their misery. The U.N. children's agency UNICEF says more than 2 million children are struggling to stay warm.

The capture of Taftanaz air base, after months of sporadic fighting, could help rebels solidify their hold on northern Syria, according to Rami Abdelrahman, head of the pro-opposition Syrian Observatory for Human Rights.

TACTICAL, NOT STRATEGIC GAIN

But Yezid Sayigh, at the Carnegie Middle East Centre in Beirut, said it was not a game-changer, noting that it had taken months for the rebels to overrun a base whose usefulness to the military was already compromised by the clashes around it.

"This is a tactical rather than a strategic gain," he said.

In Geneva, U.N.-Arab League envoy Brahimi's closed-door talks began with individual meetings with U.S. Deputy Secretary of State William Burns and Russian Deputy Foreign Minister Mikhail Bogdanov. He later held talks with both sides together.

A U.S. official said negotiations would focus on "creating the conditions to advance a political solution - specifically a transitional governing body".

Six months ago, world powers meeting in Geneva proposed a transitional government but left open Assad's role. Brahimi told Reuters on Wednesday that the Syrian leader could play no part in such a transition and suggested it was time he quit.

Responding a day later, Syria's foreign ministry berated the veteran Algerian diplomat as "flagrantly biased toward those who are conspiring against Syria and its people".

Russia has argued that outside powers should not decide who should take part in any transitional government.

"Only the Syrians themselves can agree on a model or the further development of their country," Foreign Ministry spokesman Alexander Lukashevich said.

REFUGEE MISERY

But Syrians seem too divided for any such agreement.

The umbrella opposition group abroad, the Syrian National Coalition, said on Friday it had proposed a transition plan that would kept government institutions intact at a meeting with diplomats in London this week. But the plan has received no public endorsement from the opposition's foreign backers.

With no end to fighting in sight, the misery of Syrian civilians has rapidly increased, especially with the advent of some of the worst winter conditions in years.

Saudi Arabia said it would send $10 million worth of aid to help Syrian refugees in Jordan, where torrential rain has flooded hundreds of tents in the Zaatari refugee camp.

A fierce storm that swept the region has raised concerns for 600,000 Syrian refugees who have fled to neighboring countries, as well as more than 2.5 million displaced inside Syria, many of whom live in flimsy tents at unofficial border camps.

Opposition activists report dozens of weather-related deaths in Syria in the last four days. UNICEF said refugee children are at risk because conditions have hampered access to services.

Earlier this week, another United Nations agency said around one million Syrians were going hungry. The World Food Programme cited difficulties entering conflict zones and said that the few government-approved aid agencies allowed to distribute aid were stretched to the limit.

The WFP said it supplying rations to about 1.5 million people in Syria each month, far short of the 2.5 million deemed to be in need.

(Additional reporting by Alexander Dzsiadosz in Beirut and Raissa Kasolowsky in Abu Dhabi; Editing by Alistair Lyon)

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Football: Adebayor included as Africa Cup squads named

JOHANNESBURG: Emmanuel Adebayor will play at the 2013 Africa Cup of Nations after he was included in Togo's squad as the 16 sides finalised their 23-man squads.

Mahamadou Diarra will meanwhile miss the tournament, and a late-minute change left Brown Ideye thrilled and Nigeria team-mate Raheem Lawal devastated.

It was all part of the drama ahead of the January 19-February 10 tournament that will be played in five South African cities.

Tottenham striker and Togo captain Adebayor said last year he would shun the competition, citing security concerns after being part of the squad attacked in Angola ahead of the 2010 finals.

A player and an official were killed by separatists seeking independence for the oil-rich Cabinda enclave and Adebayor escaped injury by cowering under a bus seat.

As Tottenham, the Togo president and national football officials became involved in the saga, Adebayor refused to reveal his plans, and his inclusion became official only when the 23-man squad was named by coach Didier Six.

Perennial underachievers Togo are in the Rustenburg-based 'group of death' with title favourites Ivory Coast and other former champions Algeria and Tunisia and are given little hope of survival.

Mali, third last year and considered likely quarter-finalists after being drawn with the Democratic Republic of Congo, Ghana and Niger, suffered a late setback when Fulham midfielder Diarra pulled out injured.

A recurring knee injury failed to heal, meaning the veteran will miss a second consecutive Cup of Nations, although the blow was cushioned by the return of another experienced midfielder, Mohamed Lamine Sissoko.

Turkey-based midfielder Lawal was included in a Nigerian squad leaked to the media a day before the final-squad deadline, only to be replaced by striker Ideye when it was officially announced.

Home-based players have traditionally been ignored by Super Eagles coaches, but Stephen Keshi has chosen six, including goalkeeper Chigozie Agbim and strikers Sunday Mba and Ejike Uzoenyi from Enugu Rangers.

Shock absentees from the 2012 tournament, Nigeria face defending champions Zambia and outsiders Burkina Faso and Ethiopia in Group C and are expected to make the knock-out phase at least.

Debutants Cape Verde made a couple of last-minute changes with injured midfielder Odair Fortes and unavailable striker Ze Luis replaced by Portugal-based pair Platini and Rambe.

Cape Verde face hosts South Africa in the January 19 opening fixture at the 90,000-seat Soccer City stadium in Soweto and also confront former champions Morocco and Angola in the first round.

- AFP/de

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India says contract on French Rafale jets being fine-tuned

PARIS: India is fine-tuning a contract to buy 126 French-made Rafale fighter jets, foreign minister Salman Khurshid said on Thursday, adding that Paris would have to "wait a little" to pop the bubbly.

India last year selected Dassault Aviation as its preferred bidder in a USD 10 billion (7.6 billion euro) contract to equip its air force with new fighter jets.

"We know good French wine takes time to mature and so do good contracts," Khurshid said after a meeting with French foreign minister Laurent Fabius.

"The contract details are being worked out," he said. "A decision has already been taken, just wait a little for the cork to pop and you'll have some good wine to taste."

France is keen to make its first foreign sale of the Rafale, which has struggled to find buyers to support a project that has cost tens of billions of euros.

If the contract is finalised, the first 18 aircraft will be supplied directly by Dassault and the remainder will be produced under licence by the Hindustan Aeronautics Limited, a state-run Indian firm, in Bangalore.

Fabius also struck an upbeat note saying that while the final choice was up to New Delhi, Khurshid had assured him that "things are proceeding well".

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Retooling Pap test to spot more kinds of cancer

WASHINGTON (AP) — For years, doctors have lamented that there's no Pap test for deadly ovarian cancer. Wednesday, scientists reported encouraging signs that one day, there might be.

Researchers are trying to retool the Pap, a test for cervical cancer that millions of women get, so that it could spot early signs of other gynecologic cancers, too.

How? It turns out that cells can flake off of tumors in the ovaries or the lining of the uterus, and float down to rest in the cervix, where Pap tests are performed. These cells are too rare to recognize under the microscope. But researchers from Johns Hopkins University used some sophisticated DNA testing on the Pap samples to uncover the evidence — gene mutations that show cancer is present.

In a pilot study, they analyzed Pap smears from 46 women who already were diagnosed with either ovarian or endometrial cancer. The new technique found all the endometrial cancers and 41 percent of the ovarian tumors, the team reported Wednesday in the journal Science Translational Medicine.

This is very early-stage research, and women shouldn't expect any change in their routine Paps. It will take years of additional testing to prove if the so-called PapGene technique really could work as a screening tool, used to spot cancer in women who thought they were healthy.

"Now the hard work begins," said Hopkins oncologist Dr. Luis Diaz, whose team is collecting hundreds of additional Pap samples for more study and is exploring ways to enhance the detection of ovarian cancer.

But if it ultimately pans out, "the neat part about this is, the patient won't feel anything different," and the Pap wouldn't be performed differently, Diaz added. The extra work would come in a lab.

The gene-based technique marks a new approach toward cancer screening, and specialists are watching closely.

"This is very encouraging, and it shows great potential," said American Cancer Society genetics expert Michael Melner.

"We are a long way from being able to see any impact on our patients," cautioned Dr. Shannon Westin of the University of Texas MD Anderson Cancer Center. She reviewed the research in an accompanying editorial, and said the ovarian cancer detection would need improvement if the test is to work.

But she noted that ovarian cancer has poor survival rates because it's rarely caught early. "If this screening test could identify ovarian cancer at an early stage, there would be a profound impact on patient outcomes and mortality," Westin said.

More than 22,000 U.S. women are diagnosed with ovarian cancer each year, and more than 15,000 die. Symptoms such as pain and bloating seldom are obvious until the cancer is more advanced, and numerous attempts at screening tests have failed.

Endometrial cancer affects about 47,000 women a year, and kills about 8,000. There is no screening test for it either, but most women are diagnosed early because of postmenopausal bleeding.

The Hopkins research piggybacks on one of the most successful cancer screening tools, the Pap, and a newer technology used along with it. With a standard Pap, a little brush scrapes off cells from the cervix, which are stored in a vial to examine for signs of cervical cancer. Today, many women's Paps undergo an additional DNA-based test to see if they harbor the HPV virus, which can spur cervical cancer.

So the Hopkins team, funded largely by cancer advocacy groups, decided to look for DNA evidence of other gynecologic tumors. It developed a method to rapidly screen the Pap samples for those mutations using standard genetics equipment that Diaz said wouldn't add much to the cost of a Pap-plus-HPV test. He said the technique could detect both early-stage and more advanced tumors. Importantly, tests of Paps from 14 healthy women turned up no false alarms.

The endometrial cancers may have been easier to find because cells from those tumors don't have as far to travel as ovarian cancer cells, Diaz said. Researchers will study whether inserting the Pap brush deeper, testing during different times of the menstrual cycle, or other factors might improve detection of ovarian cancer.

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Whales Trapped Under Sea Ice Free Themselves

The killer whales trapped under ice in a remote Quebec village reached safety after the floes shifted on Hudson Bay, according to the mayor's office in Inukjuak.

Water opened up around the area where the orcas had been coming up for air and the winds seemed to have shifted overnight, creating a passageway to the open water six miles away.

"This is great news," Johnny Williams, a resident who works for the mayor's office, told ABC News.

Williams said he was unsure how far the whales have moved, but that they were definitely not under the ice hole.

Residents in the remote village of Inukjuak had been watching helplessly as at least 12 whales struggled to breathe out of a hole slightly bigger than a pickup truck in a desperate bid to survive.

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The community had asked the Canadian government for help in freeing the killer whales, believed to be an entire family. The government denied a request to bring icebreakers Wednesday, saying they were too far away to help. Inukjuak, about 900 miles north of Montreal, was ill-equipped to jump into action.

Joe Gaydos, director and chief scientist at the SeaDoc Society in Eastsound, Wash., said that although the whales can go a long time without food, the length of time they can hold their breath, which they must do underwater, was the question.

"The challenge [was] to figure out where the next hole is," he told ABCNews.com before the whales found freedom. "If that lake freezes over, it's an unfortunate situation. It's a very limited chance. It's a matter of luck."

Inukjuak residents posted a video online to show the whales' struggles. In the clip, the whales are seen taking turns breathing. They can't bend their necks so they do a "spy-hopping" maneuver, Gaydos said, in order to look for another hole in the ice.

A hunter first spotted the pod of trapped whales Tuesday. It is believed that the whales swam into the waters north of Quebec during recent warm weather.

ABC News' Bethany Owings contributed to this report

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Syria denounces peace envoy who hinted Assad must go

BEIRUT (Reuters) - Syria denounced international envoy Lakhdar Brahimi as "flagrantly biased" on Thursday, casting doubt on how long the U.N.-Arab League mediator can pursue his peace mission.

The Syrian Foreign Ministry was responding to remarks by Brahimi a day earlier in which he ruled out a role for President Bashar al-Assad in a transitional government and effectively called for the Baathist leader to quit.

"In Syria...what people are saying is that a family ruling for 40 years is a little bit too long," Brahimi told the BBC, referring to Assad, who inherited his post from his father Hafez al-Assad, who seized power in 1970 and ruled for 30 years.

"President Assad could take the lead in responding to the aspiration of his people rather than resisting it," the veteran Algerian diplomat said, hinting the Syrian leader should go.

The Foreign Ministry in Damascus said it was very surprised at Brahimi's comments, which showed "he is flagrantly biased for those who are conspiring against Syria and its people".

Brahimi has had no more success than his predecessor Kofi Annan in his quest for a political solution to a 21-month-old conflict in which more than 60,000 people have been killed.

British Foreign Secretary William Hague warned that violence in Syria might worsen and said the international community must "step up" its response if it does.

So far regional rivalries and divisions among big powers have stymied any concerted approach to the upheaval, one of the bloodiest to emerge from a series of revolts in the Arab world.

Russian and U.S. diplomats, who back opposing sides of the war, will meet Brahimi in Geneva on Friday.

"MASK OF IMPARTIALITY"

Syria's al-Watan newspaper daily said Brahimi had removed his "mask of impartiality" to reveal his true face as a "a tool for the implementation of the policy of some Western countries".

On Sunday Assad, making his first public speech in six months, offered no concessions and he said he would never talk to foes he branded terrorists and Western puppets.

As peace efforts floundered, rebels battled for a strategic air base for a second day, pursuing a civil war that had briefly receded for some Damascus residents who set aside their differences to play in a rare snowfall that blanketed the city.

For a few hours, people in the capital dropped their weapons for snowballs and traded hatred for giggles.

"Last night, for the first time in months, I heard laughter instead of shelling. Even the security forces put down their guns and helped us make a snowman," Iman, a resident of the central Shaalan neighborhood, said by Skype.

There was no respite on other battlefronts, with heavy fighting around the Taftanaz base in northwestern Syria, which insurgents are trying to capture to extend their grip on Idlib province and weaken Assad's control of the skies.

Rebels assaulted the airport's main buildings and armory using heavy guns, tanks and other weapons and appeared to have overrun half the area of the base, said Rami Abdelrahman, director of the Syrian Observatory for Human Rights, a pro-opposition group that monitors the conflict from abroad.

"Now, it's serious," he said.

The air base has been used to launch helicopter attacks in the region, and its loss would be a blow to the government's ability to defend its positions there, Abdelrahman said.

MISSILE LAUNCH

Insurgents have tried to take the base for months, but have been bolstered by the recent arrival of Islamist fighters including the al Qaeda-linked al-Nusra Front, he added.

There was no immediate government account of the fighting, which could not be confirmed independently.

Opposition forces have seized swathes of territory in northern Syria in recent months, but remain vulnerable to attack by the military's planes and helicopters - hence their strategy of trying to capture air bases such as the one at Taftanaz.

There was no word on whether the firing of a short-range ballistic missile inside Syria on Wednesday, reported by a NATO official, was linked to the fighting at Taftanaz.

NATO could not confirm the type of missile used, but the description fit the Scuds that are in the Syrian military's armory, the official added, describing the latest launch and similar ones last week as "reckless".

A NATO official said that since the start of December 2012, the alliance had detected at least 15 launches of unguided, short-range ballistic missile inside Syria.

Neither side has gained a clear military advantage in the war pitting mostly Sunni Muslim rebels against security forces dominated by Assad's minority, Shi'ite-linked Alawite sect.

The Observatory also reported fighting between rebels and troops in the Sayyida Zeinab area of Damascus, and air raids were reported in the capital's Maleiha area and eastern suburbs.

Despite some support from Sunni regional powers including Turkey, Saudi Arabia and Qatar, the rebels remain largely disorganized, fragmented and ill-equipped. Poor discipline, looting and insecurity in some insurgent-held areas have also eroded their support from civilians.

Gloom has gripped Damascus for months, as the rebellion edges closer to the capital, but the snowfall offered a rare break from gunfire and shelling echoing from its outskirts.

"We felt a smile that has been missing from our faces for almost two years and we were all just Syrians," said Amin, a resident of central Damascus, speaking on the internet.

"For a few hours our hearts were as pure as the snow."

(Additional reporting by Oliver Holmes and Erika Solomon in Beirut and Mohammed Abbas in London; Editing by Alistair Lyon)

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Hong Kong leader survives impeachment bid

HONG KONG: Hong Kong pro-democracy lawmakers failed in an unprecedented bid on Wednesday to impeach the city's embattled Beijing-backed leader, after they accused him of breaking housing laws and urged him to quit.

The city's first impeachment motion, which accused Leung Chun-ying of lying, dereliction of duty and serious breaches of the law in a row stemming from illegal structures at his luxury home, was denied after eight hours of debate.

The 27 pro-democracy lawmakers who signed the joint motion -- which they said was a symbolic move -- voted in favour, while 37 voted against in the 70-seat legislature which is dominated by pro-Beijing members.

Wednesday's vote followed a protest on New Year's Day in which tens of thousands took to the streets to urge Leung to quit and to press for greater democracy, 15 years after the city returned to Chinese rule.

The former British colony maintains a semi-autonomous status, with its own legal and judicial system, but cannot choose its leader through the popular vote.

Leung took office in July after he was picked by a 1,200-strong election committee dominated by pro-Beijing elites, amid rising anger over what many perceive to be China's meddling in local affairs.

China has said the chief executive could be directly elected in 2017 at the earliest, with the legislature following by 2020.

Unauthorised structures are a politically sensitive issue in the space-starved city of seven million and demonstrators have used the scandal to press for universal suffrage in choosing Hong Kong's leader.

Leung secured the chief executive role after criticising his rival Henry Tang over illegal structures at Tang's home.

But he has since acknowledged and apologised for structures at his own home which were built without planning permission.

Maverick lawmaker "Long Hair" Leung Kwok-hung, wearing a T-shirt reading "We topple a tyrant", accused the new leader of lying about his own structures during campaigning when he presented the impeachment motion earlier on Wednesday.

"He has used dishonest ways to win the election," he said.

Chief Secretary Carrie Lam, second in command in Leung's administration, said the motion was unnecessary and urged lawmakers to work together on policy and livelihood issues.

But Democratic Party chairwoman Emily Lau said the motion was a symbolic gesture to show the deepening public mistrust toward Leung, claiming the leader had "cheated his way to power".

"This is the first time we have a motion in the legislature to impeach a cheating chief executive," she said.

If the motion had been passed, the city's highest court would have had to initiate an investigation. At least two-thirds of the legislature would need to endorse a guilty finding before Leung could be removed from office.

Earlier, rival protesters traded barbs outside the legislature and security personnel had to step in at one point when an angry pro-government supporter charged towards the rival group, TV footage showed.

Leung's popularity ratings have fallen since the controversy, with discontent over issues including sky-high property prices and anti-Beijing sentiment remaining high.

- AFP/xq

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People of integrity not joining politics, says Supreme Court

NEW DELHI: Painting none too rosy picture of politics in the country, the Supreme Court on Wednesday said people of character and integrity were not attracted to politics.

The apex court noted that the philosopher Plato had the same complaint about ancient Greece.

"We have men of character and integrity, but they don't join politics", said the apex court bench of Justice AK.Patnaik and Justice Gyan Sudha Misra in the course of hearing a petition assailing sub-section (4) of Section 8 of the Representation of People Act, 1951, as ultra vires of the Constitution.

The judges noted that Plato had said that "Greece's city-states were not electing good people." Plato had penned his celebrated treatise "The Republic", advocating "philosopher-kings" who would have long years of training and exceptional ability.

"Judges will be failures as rulers," said Justice Patnaik, when the petitioner-in-person S.N. Shukla, general secretary of the NGO Lok Prahari, told the court that the legislature and judiciary have failed the country, and now judges should come forward and assume greater responsibility.

"Judges can at least correct rulers," Shukla responded.

Shukla assailed the sub-section (4) of the Section 8 of the Representation of People Act, 1951 saying that while convicted persons were barred from contesting elections, the said Section allowed a sitting member of either parliament or the state assembly to continue to function as such upon conviction, if they file an appeal against the conviction and the sentence.

"There can't be two categories where upon conviction a person is barred from contesting election and other by virtue of being a sitting member continues, and can even contest future elections also," Shukla contended, adding that if, after being convicted of an offence a person cannot contest elections, then a sitting member could not continue to retain his membership of the house.

Justice Misra sought to know if a person upon conviction is stripped of his membership of an elected house and eventually gets acquitted by the appellate court, then what would happen to his right in the intervening period.

She said that a balance had to be struck between the scales of justice.

Addressing the query from the court, senior counsel Fali Nariman said that in most of the cases it is the sentence and not the conviction that is stayed. He said that so long as conviction persists, the disqualification clause would be attracted. This is the law, Nariman told the court, saying that conviction is stayed in extraordinary cases.

Making a distinction between the stay of conviction and stay of sentence, Nariman said that the apex court had stayed the conviction of former cricketer and BJP Lok sabha member Navjot Singh Sidhu in a murder case and in the case of film star Sanjay Dutt's conviction in Bombay serial blast case, his sentence was stayed; not the conviction.

The court was told that the larger public good could not be dwarfed before the statutory rights of an individual.

The court will continue hearing the matter Thursday.

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