Civil servants swore that they intend to push Nie Dequan next month, stating that they could be dismissed if they refused to sign the visa　

Political situation

Written by: Zhai Ruimin

2020-09-23 15:45

Last update date: 2020-09-23 15:47

The Civil Service Bureau submitted a document to the Legislative Council in July this year, suggesting that all civil servants who will be employed from July 1 this year must sign a document declaring that they will support the Basic Law and be loyal to the Hong Kong Special Administrative Region.

Several civil service union groups met with the director Nie Dequan yesterday (22nd) to discuss. The chairman of the civil service union federation, Tang Lie, who was present, quoted Nie Dequan as saying that the government will take the lead in issuing a notice on the arrangements for new civil servants in mid-October. Priority will also be given to civil servants who are hired at higher or more sensitive ranks.

As for the current civil servants, Nie Dequan said that there is no timetable. "The main penalty is that they will be dismissed, but civil servants are allowed to appeal through the appeal mechanism." He is currently discussing the penalties and details with the Department of Justice.

However, some participants revealed that the basis cited in the discussion document was Article 99 of the Basic Law and the Civil Service Code, but Nie Dequan suddenly broke out when answering questions at the meeting, "Breaching the oath is equivalent to violating Article 99 of the Basic Law. , Which is tantamount to a violation of Article 6 of the National Security Law.” This is the first time that the authorities admitted that the oath is related to the National Security Law.

The union urges the stipulation of penalties and guidelines

According to the trade union representative, Nie Dequan stated at the meeting that the oath arrangements for newly recruited civil servants will be announced in the middle of next month, and he promised to consult before the final decision.

Many labor unions are concerned about the issue of the oath of current civil servants. It is reported that Nie Dequan suddenly broke out during the questioning session, saying that "violating the oath is equivalent to violating Article 99 of the Basic Law and violating Article 6 of the National Security Law." He also pointed out that it may also violate Article 3 of the National Security Law.

Article 99 of the Basic Law states that public servants must perform their duties faithfully and be responsible to the Hong Kong Special Administrative Region Government.

Article 6 of the National Security Law states that when Hong Kong SAR residents participate in elections or take up public office, they shall sign documents confirming or sworn in support of the Basic Law and allegiance to the SAR; Article 3 stipulates that the administrative organs, legislatures, and Judicial agencies shall effectively prevent, stop and punish acts and activities that endanger national security in accordance with this law and other relevant laws and regulations.

Tang Lie, chairman of the Hong Kong Federation of Civil Service Unions, said in an inquiry from "Hong Kong 01" that at the meeting, he asked Nie Dequan how to deal with if a civil servant violates the oath, which department is responsible for implementation, investigation, etc., but the other party did not respond positively and only said " Follow existing laws".

Tang Lie expressed concern about this. She described Nie Dequan’s attitude as "a matter of course" for the implementation of the oath plan. She has asked the government to clearly specify penalties and guidelines before implementing it, "Whether we can do it, and what can we do"; Will the incumbent who sign the document have a compensation plan?

Residents of the Hong Kong Special Administrative Region shall sign documents in accordance with the law to confirm or swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and be loyal to the Hong Kong Special Administrative Region of the People’s Republic of China when participating in elections or assuming public office.

Minato National Security Law Article 6

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Nie Dequan.

(Profile picture)

Nie Dequan: "There is danger" in public servants' social platforms

According to the "Civil Servants Joining Political Organizations and Participating in Political Activities" circular since 1990, civil servants are allowed to join political organizations and participate in election campaigns except for directorate officers, administrative officers, information officers and police disciplined officers.

However, the authority’s document states that when civil servants participate in public debates or discuss public affairs, they must ensure that their words and deeds are consistent with the policies and decisions of the incumbent government and are commensurate with their public duties; and they must be completely loyal to the incumbent chief executive and the government. Dominated or influenced by one's own political beliefs, wholeheartedly support the implementation of government decisions.

Tang Lie is concerned about whether the notice still applies after signing the oath, and whether civil servants still enjoy the freedom to organize and join trade unions under Article 27 of the Basic Law. She also voiced her dissatisfaction with government policies.

She quoted Nie Dequan’s response that there is no new notice to replace it, and the union is assured that “the union still exists and accepts different voices,” but clearly stated that “there are some restrictions on civil servants.”

When asked whether the speeches of public servants on private time or on social platforms are restricted, Nie Dequan said that he must ensure that speeches are not made public, admitting that they are "dangerous."

Another participant, Li Fangchong, chairman of the Association of Senior Civil Servants, believes that if the vows are not strong enough and the penalties are not specified, civil servants may have excuses to evade it, and that being too strong will give people a sense of coercion.

He said that about one-third of the members still have doubts about the oath, but I believe that as long as the bureau provides clear content and citations, and that new civil servants take the lead in implementing a model for reference, it will be easier for those with knowledge to accept it. .

Nie Dequan Civil Service Bureau of Civil Service