Political situation
Written by: Peng Zhuowei, Liu Jinhua, Qiu Qiqian
2020-07-10 10:47
Last update date: 2020-07-10 12:47Since the anti-amendment incident, many civil servants have been arrested for participating in demonstrations and criticized by government officials for setting up new associations. The Minato City National Security Law passed earlier stipulates that civil servants are required to take an oath or sign a declaration of loyalty. From July 1st, all newly recruited civil servants must sign documents confirming their support for the Basic Law and their loyalty to the Hong Kong Special Administrative Region. Incumbent civil servants will arrange to sign documents or swear allegiance in batches.
The Legislative Council today (10th) held a meeting of the Legislative Council's Civil Service and Staff Committee of Subsidiary Organizations. The meeting will discuss the oath plan submitted by the Civil Service Bureau.
Nie Dequan said that newly recruited civil servants refused to sign a statement and would not be hired. (Photo by Gao Zhongming)
[12:16] The Civic Party Tan Wenhao proposed a motion asking the more sensitive civil servants, such as the police, whether the government would ask for the renunciation of foreign nationalities such as BNO.
Guo Weiqiang pointed out that the motion should be discussed on the Security Panel, emphasizing that Members are not allowed to propose motions against the police force. Lin Zhuoting was dissatisfied with Guo Weiqiang's verdict, shouted in his seat, and was expelled from Guo.
The committee finally adopted the motion proposed by the Democratic Alliance for the Betterment of Hong Kong, Jiang Liyun, recommending that the oath arrangement be extended to other public officials in the future.
[12:10] Zhu Kaidi said that he opposed the introduction of the oath system and believed that there was already a civil service code. Nie Dequan responded that the oath and declaration are to protect most civil servants who are devoted to their duties.
Regarding Article 6 of the National Security Law of the Hong Kong District, "residents of the Hong Kong Special Administrative Region shall sign documents in accordance with the law to confirm or swear to support the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and loyal to the Hong Kong Special Administrative Region of the People’s Republic of China" Nie Dequan emphasized that the proposal of the civil servant's oath is consistent with the relevant provisions of the Minato District National Security Law.
[12:05] Guo Weiqiang of the Federation of Trade Unions asked why it was necessary to swear in batches rather than in one go. Has there been any punishment against civil servants for breach of contract in the past
In view of the large number of civil servants, Nie Dequan has an oath arrangement in batches. New appointments will be arranged before taking the oath, which is always the responsibility. We are currently discussing with the lawyer whether there will be room for improvement. If there is an enhanced version in the future, it will proceed accordingly.
[11:55] The Federation of Trade Unions Lu Songxiong suggested that middle-level civil servants such as AO and EO all need to take an oath, and civil servants need to be trained to support the Basic Law.
[11:50] The DAB Ge Gefan asked if the government would have a timetable requiring all current civil servants to take an oath. Nie Dequan agreed to cover all of them, but they will be extended to all civil servants after the arrangement is realized. The people of public money have the responsibility to take an oath.
[11:42] Kwong Jun-woo, the Democratic Party, asked if he could explain the penalty, whether he had an appeal mechanism, and who would make the ruling.
Nie Dequan responded that he had misunderstood "political neutrality" in the past, and the Civil Service Bureau will investigate and adjudicate civil servants' misconduct.
[11:35] Prof. Mo Naiguang paid attention to the punishment for civil servants who violated the oath. Nie Dequan said that he would consult civil servant groups on the relevant proposals and deal with them according to the current laws and mechanisms.
Nie Dequan said that civil servants must take into account their identity when expressing their opinions during spare time. "It's not just counting the work." If you break the law, you will be punished.
For civil servants whose duties are listed in the document, Nie Dequan said that when establishing arrangements in the future, they will clearly list which positions belong to the above definition, and will listen to the opinions of civil service groups.
[11:27] Ye Jianyuan in the education field asked whether it was necessary to draw a line, what circumstances required a "promise", and when a "swear" was required. Will civil servants be allowed to have private opinions outside of work?
Nie Dequan replied that both the oath and the promise are binding and require civil servants to comply.
[11:25] The New Democratic Party Ye Liu Shuyi said that the government requires civil servants to take oaths as justified, and believes that the government should extend the oath arrangements to public officials and publicly funded institutions. To public officials other than civil servants.
[11:20] Chen Zhenying in the financial industry asked if he would assess how long it would take to execute the oath and whether the government would issue relevant guidelines for other publicly-paid non-public officials.
Nie replied in batches and punished according to disciplinary procedures. The definition of public office is temporarily undefined. However, it will be implemented in accordance with Article 99 of the Basic Law and Article 6 of the National Security Law.
【11:15】Congressman Pan Zhaoping is concerned about the penalties for violation of the oath. Nie Dequan responded that he will follow up the law and handling mechanism, but will study whether the penalties need to be strengthened.
If civil servants participate in meetings during free time, Nie Dequan said that the Basic Law protects citizens’ freedom of assembly and speech, but emphasizes that civil servants’ speech cannot conflict with the status of civil servants. If they participate in anti-government demonstrations, they must violate the Civil Servants’ Code. unacceptable".
[11:10] Zhou Haoding of the Democratic Alliance for the Betterment of Hong Kong (DAB) requested that civil servants who violated the statement be punished. Nie Dequan responded that in the future, he would revise whether to strengthen punishment based on the legal basis.
[10:55] Citizen Party Tan Wenhao is concerned about the penalties of civil servants for violating vows. Nie Dequan said that if he violates the Minato City National Security Law, he will be disqualified. If criminal elements are involved, he will be dealt with according to the existing penalties.
As for the target of civil servants who are now loyal, Nie Dequan said that under the one country, two systems, Hong Kong is part of the country. I don’t understand why some people often feel that the interests of the two must contradict each other.
The Democratic Party Lin Zhuoting asked whether new civil servants would not be hired if they did not sign the declaration, and whether existing civil servants would not be promoted or even fired if they did not sign and did not swear on the job.
Nie Dequan answered that new civil servants will not be hired, and the promotion of existing civil servants will be implemented according to the existing mechanism.
The Minato District National Security Law stipulates that civil servants are required to take oaths or sign declarations of allegiance. (Profile picture)
[10:45] Nie Dequan, director of the Civil Service Bureau, stated that according to the Code of Civil Servants, civil servants must adhere to the rule of law, be faithful, impartial and politically neutral. Among them, adherence to the rule of law means that civil servants must follow the Basic Law and the laws of Hong Kong when exercising administrative power; impartiality means that civil servants must perform their duties and responsibilities in a fair and balanced manner in accordance with the policies and decisions of the incumbent government; and political neutrality It means that regardless of their own political beliefs, civil servants must be fully loyal to the serving Chief Executive and the government, and they must perform their duties to the best of their ability, independent of their political beliefs.
Nie Dequan also said that, after the incumbent government makes policy and action decisions, regardless of personal opinions, civil servants must give their full support and implement the relevant decisions. Civil servants participating in public debates or discussing public affairs, or expressing opinions on these occasions, must ensure that their words and actions are consistent with the policies and decisions of the incumbent government and are commensurate with their public office. Therefore, when public officials express their opinions, they should ensure that their opinions do not lead to actual or potential conflicts of interest with their public office status, or that they may be deemed to detract from important criteria for impartiality and political neutrality in the performance of their duties.
Nie Dequan said that the introduction of oaths or declarations for civil servants to support the Basic Law and loyalty to the SAR and Hong Kong SAR Governments exactly reflects their consistent responsibilities under the Basic Law and the Civil Servants’ Code, and makes them more clearly aware of Responsibilities and requirements brought about by his official status
Nie Dequan emphasized that the proposal of the civil servants’ oath is consistent with the relevant provisions of the Minato District National Security Law. , Draw up plans and details for implementation.
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