Political situation
Written by Pan Xiqiao
2020-06-22 07:00
Date of last update: 2020-06-22 16:25The Standing Committee of the National People's Congress recently closed, and the content of the draft "Hong Kong version of the National Security Law" was exposed. It stated that Hong Kong residents should sign documents in accordance with the law to confirm or swear to support the Basic Law and loyal to the Hong Kong Special Administrative Region of the People's Republic of China.
Tang Jiahua, a member of the Executive Council and senior barrister, believes that without breaking the criminal law, it is not a demanding requirement for civil servants to sign documents when they enter the office to show allegiance to the Basic Law and the SAR Government.
Liu Zhaojia, vice chairman of the National Hong Kong and Macao Research Association, pointed out that the definition of "public office" can be very broad. In addition to principal officials, members of the Legislative Council, etc., it can also join district board members and even statutory bodies, such as the Airport Authority and the Equal Opportunities. The document confirms or swears to support the scope of the Basic Law.
Tang Jiahua suggested that civil servants should sign documents when they enter the office to show their support for the Basic Law and their loyalty to the SAR Government. (Profile picture)
The draft of the National Security Law recently announced details concerning public officials’ oaths and allegiance to the Basic Law and the SAR Government, which caused outside discussions about what is meant by “public officials”.
Senior Barrister Tang Jiahua pointed out that, according to Article 104 of the Basic Law, the current public officials include "the Chief Executive of the Hong Kong Special Administrative Region, principal officials, members of the Executive Council, members of the Legislative Council, judges at all levels of courts and other judicial personnel." Civil servants do not include Including, the draft statement of the National Security Law does not further clarify the definition of public officials.
He believes that civil servants can be required to sign documents without risk of violating criminal law when they enter the office, "that is, they cannot sign the law," in order to express their support for the Basic Law and their allegiance to the Hong Kong Special Administrative Region. He believes that even if all civil servants are required to sign documents, it is not a "harsh" approach.
The Basic Law. (China News Agency)
Hong Kong version of the National Security Law｜Tan Huizhu pointed out that human rights are still protected.
Hong Kong version of the National Security Law｜People's Daily: The central government exercised its self-restraint and exercised self-restraint.
Hong Kong version of National Security Law｜Legal Expert Booklet: National Security Law will not be abolished after Article 23
Liu Zhaojia: May give priority to district board members to swear
Regarding the definition of "public official", Liu Zhaojia believes that many organizations or persons should be regarded as public officials. There are two conditions, one is whether the person is paid, and the other is whether the organization performs public functions. He pointed out, for example, that district boards must be public officials, but Article 104 of the Basic Law does not include district board members, and they do not have to take an oath when they assume office, suggesting that the government should give priority to it.
Liu Zhaojia also pointed out that some statutory bodies also meet the definition of "public office", such as equal opportunity, personal data privacy office, and even the HA and AA, all of which meet the above two conditions, but the Government Advisory Committee does not belong to this category.
He believes that the government can refer to the above suggestions to expand the scope of public officials in the long run, but how to operate it still needs to be left to the authorities to think about.
Liu Zhaojia. (Profile picture)
Liu Zhaojia Tang Jiahua Hong Kong Version National Security Law
