Political situation
Written by: Sha Banshan
2021-01-05 07:00
Last update date: 2021-01-05 07:00
Chief Executive Lam Cheng Yuet-ngor announced in his "policy address" last year that the Constitutional and Mainland Affairs Bureau will amend the "Oaths and Declarations Ordinance" and "Legislative Council Ordinance" and other laws to improve the oath arrangements.
According to politicians familiar with the matter, the revised "Oaths and Declarations Ordinance" will cover district councilors and members of the electoral committee who elect the chief executive; in order to cope with the relevant amendments, the "District Councils Ordinance" will also be revised to determine the consequences and mechanism.
On November 24, 2019, on the polling day for the District Council elections, there were long queues at various polling stations in Hong Kong, and the democrats won.
(Photo by Lu Junlang/Data Picture)
At present, the "Oaths and Declarations Ordinance" only covers the Chief Executive, principal officials, judicial officers, members of the Executive Council, members of the Legislative Council, and executive secretaries and deputy secretaries. Other public officials are not included.
The Hong Kong National Security Law, which was officially implemented in July last year, stipulates that Hong Kong people should sign documents to confirm or swear to uphold the Basic Law and allegiance to the Hong Kong Special Administrative Region when participating in elections or assuming public office.
It is understood that the government will amend the "Oaths and Declarations Ordinance". The definition of "public official" will far exceed the above-mentioned categories of people. The new categories will include district councilors and election committees. Everyone must be a public official."
According to the "Disqualification of Elected Membership" section of Article 24 of the "District Councils Ordinance", it is mentioned that in many cases, elected members will lose their qualifications, including being a judicial officer, having been convicted of treason, and being convicted Because of mental incapacity, etc.
However, the above regulations do not include violation of oath.
According to sources, the government is likely to adjust and amend the "District Councils Ordinance" in order to cope with the amendment of the oath law, adding provisions to determine the consequences and mechanism of breach of oath.
The source added that the authorities have not yet finalized the decision, but there are great opportunities for amendments.
If it is decided that the amendment needs to be passed by the Legislative Council, after the resignation of the General People's Republic of China, it is expected to be passed quickly in the Legislative Council.
Regarding the news that may require an oath in the future, some democratic district councillors pointed out that the district councillor has completed the oath to a certain extent because the nomination form at the time of the election has already contained or attached an item indicating that the person will support the Basic Law. And the declaration of allegiance to the Hong Kong Special Administrative Region, if the relevant declaration is not submitted at that time, you will lose your eligibility to stand for election.
The pro-organized media "Bauhinia" published in this issue of "Bauhinia Forum", published an article on the topic of "Some Discussions on the Implementation of Hong Kong Basic Law Article 104 Local Legislation", referring to the amendments, except for the "Basic Law" 104 The six categories of public officials required by the Articles shall take an oath of "support" and "allegiance". Others such as teachers of subsidized schools, staff of the Hospital Authority, staff of Radio Television Hong Kong and other government-funded organizations, as well as members of the Chief Executive Election Recommendation Committee, Members of the Judicial Recommendation Committee, district councilors, public officials of statutory and consulting organizations, etc., should all be covered. Once they are found to have taken false oaths or violated oaths, they will lose their "public office" qualifications.
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