HK district councilors face disqualification, 5-year election ban, for failing to uphold Basic Law,

The Constitutional and Mainland Affairs Bureau of the HKSAR government holds a press conference on Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021 on Tuesday. The bill proposes that councilors be required to take an oath and pledge allegiance to the SAR and uphold the Basic Law. Photo: cnsphoto

An amended draft on public officers in the Hong Kong Special Administrative Region (HKSAR) states that district councilors shall be required to take an oath of upholding the Basic Law and pledging allegiance to the city. Otherwise, they will face disqualification and will be banned from participating in elections in five years. 

The city's official said the move aims to further ensure the principle of "patriots governing Hong Kong," which top Chinese policymakers and political advisors said has "become an urgent task." 

The draft revealed by the HKSAR's Constitutional and Mainland Affairs Bureau at Tuesday's press conference proposes amendments to the Oaths and Declarations Ordinance, Legislative Council Ordinance and District Councils Ordinance of the HKSAR to improve the mechanism and arrangements for taking oaths and its legal consequences.

In addition to public officers covered under the Article 104 of the Basic Law, district councilors are also required to take the oath based on the draft. 

It says if a district councilor violates the oath, the Secretary for Justice may initiate legal proceedings to suspend him from office until a decision is made by the court. If a district councilor is found to have taken an invalid oath, breached the oath or failed to meet the requirements of "upholding the Basic Law and pledging allegiance to the HKSAR," they will be disqualified from office and barred from running for five years. 

Most of the city's 452 district council seats are held by the opposition camp.

Secretary for Constitutional and Mainland Affairs Erick Tsang Kwok-wai said if the relevant person makes or intends to make moves in the negative list, it will be deemed not in compliance with the requirements.

The negative list would include: engaging in acts or activities that endanger national security; refusing to recognize China's sovereignty over the HKSAR; refusing to recognize the HKSAR's constitutional status as a local administrative region of China; publicizing or supporting the proposition of "Hong Kong secession"; seeking interference in the affairs of the HKSAR from foreign governments or organizations; openly and intentionally insulting the national flag, national emblem, regional flag and regional emblem by burning, defacing, or trampling on it; insulting or derogating the national anthem or any other symbol of national sovereignty; as well as harming or showing tendency to harm the overall interests of the HKSAR.

Tsang said the draft has no retroactive period, but will decide whether to refer to the past words and deeds of relevant personnel based on the actual situation.

He stressed that it is the basic responsibility of district councilors to uphold the Basic Law and be loyal to the city, so the requirement will be included in the ordinance. District council members should take the oath as soon as possible after the commencement of their office term.

China's top official on Hong Kong affairs on Monday urged HKSAR to fully implement the political baseline of "patriots governing Hong Kong" by improving the electoral system to plug its loopholes to ensure that those who govern the city meet the relevant basic standards, including fully safeguarding sovereignty and national interests and never jeopardizing the socialist system led by the Communist Party of China.

It's highly likely that the detailed plan of rectifying the electoral system in Hong Kong would be brought up at the upcoming national two sessions in Beijing, Chan Yung, an NPC deputy who is a vice chairman of the pro-establishment group Democratic Alliance for the Betterment and Progress of Hong Kong (formerly known as Democratic Alliance for Betterment of Hong Kong), told the Global Times on Monday.

On December 16, 2020, the HKSAR held an oath-taking ceremony for undersecretaries and political assistants at the Central Government Offices. Witnessed by Chief Executive Carrie Lam, the 12 under secretaries and 14 political assistants swore to uphold the Basic Law and swore allegiance to the HKSAR.

According to the Basic Law, all public servants of the HKSAR government must be dedicated to their duties and be responsible to the HKSAR government.

Global Times