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Tang Jiahua: Refusing to take an oath or seeing that he has never taken office, he can claim full salary

2021-09-10T07:42:58.433Z


More than 200 district councillors in Hong Kong have taken the oath, and the Hong Kong Island district councillors "take the lead". There are 25 Hong Kong Island district councillors who are still in office before the oath. 15 of them are democrats. Cai Zhiqiang, a member of the Eastern District District Council in the camp, half of the time before taking the oath


More than 200 district councillors in Hong Kong have taken the oath, and the Hong Kong Island district councillors "take the lead". There are 25 Hong Kong Island district councillors who are still in office before the oath. 15 of them are democrats.

The Eastern District Councillor Cai Zhiqiang in the camp announced that he would never take the oath on social networking sites half an hour before the oath. He emphasized that he would not be loyal to the regime. The Director of the Civil Affairs Bureau Xu Yingwei immediately announced Cai Zhiqiang's departure.


Other democrats, including Yang Xueying of Wanchai District and Peng Zhuoqi of Southern District involved in the primary election, have also completed the oath, but whether it is valid or doubtful remains to be announced by the government. Xu Yingwei will act in accordance with the law after he supervises the oath.


Senior Counsel Tang Jiahua, a member of the Executive Council, pointed out that the district councillors who lose their qualifications after the results will be divided into three categories, with different salary arrangements.

Take Cai Zhiqiang as an example. According to Article 104 of the Basic Law and the NPC interpretation, if he refuses to take the oath, he has the opportunity to be regarded as having never officially taken office, and all salaries paid since he took office may be recovered.


Tang Jiahua pointed out that according to Article 104 of the Basic Law and the interpretation of the National People's Congress, if you refuse to take an oath, you will be deemed to have never officially taken office, and all salaries paid since taking office may be recovered.

(Profile picture)

The District Councillor for the Eastern District of Hong Kong Island, Cai Zhiqiang, announced on a social networking site this morning that he "will never participate in the oath-taking ceremony of the district members concerned."

(Photo by Deng Yongzhong/Data Picture)

Can the 260 resigning district councillors avoid a salary hunt?

The Legislative Council passed an amendment in May to introduce the system of oaths for district councillors, and has not announced the specific arrangements since then. On the contrary, it has been repeatedly rumored that once a district councilor is disqualified from the oath, he will be charged for salary, triggering a wave of democratic district councillors leaving their posts and swearing oaths. 260 people have left their jobs, and 8 people have lost their seats due to departure or seizure.

Is it true that you can protect yourself by resigning before taking the oath?

Tang Jiahua believes that since the parties have left their jobs and have not taken the oath, the authorities can hardly conclude that they have not formally taken office, so there is no issue of salary recovery.

After being sworn in, the invalid pay claim depends on when you are disqualified

The 14 pro-democracy district councillors who completed the oath today, including Yang Xueying and Peng Zhuoqi who were involved in last year’s election, are both accused of violating the "Hong Kong National Security Act" and are now being released on bail; Su Yiheng, the Democratic Party's Eastern District, also participated in the coordination of the primary election at that time. .

It is rumored that the people involved are all high-risk individuals. Xu Yingwei said that he will publish a paper later and announce it in a unified manner. How many people have taken the oath valid, and how many people have questions about the validity of the oath.

Tang Jiahua pointed out that if a district councillor who completes the oath and is ruled invalid, it depends on the public ownership of the authorities. Whether the district councillor has never met the requirements for legal appointment as a district councilor, or when he will be disqualified.

If it is the former, there is also a chance to be recovered for the salary since taking office.

In other words, the power of life and death is in the hands of the government.

+6

District Councillors Swears︱ Cai Zhiqiang laments that he has no right and power to refuse allegiance to Xu Yingwei. Announces immediate DQ Hong Kong Island 24 district councilors' oath including Yang Xueying, Su Yiheng and Xu Yingwei: According to the law, whether the district councillors swear the oath is valid. Pictorial | DQ wind triggers resignation. Farewell to District Councillors Swearing | Luo Jianxi: The Democratic Party District Councillors decide on their own that it is difficult to predict the number of swearers. District Councillors shall swear the dressing guidelines. Do not wear pig mouth helmets. Swimsuits, jerseys, and yoga pants shall not be worn by District Council members. God, Tu Jinshen has a share of DQ not chasing pay?

01News

Source: hk1

All news articles on 2021-09-10

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