Policy Address
Oath-taking by Public Officers
19. Article 104 of the Basic Law provides that when assuming office, the Chief Executive, principal officials, members of the Executive Council and of the LegCo, judges of the courts at all levels and other members of the Judiciary in the HKSAR must, in accordance with law, swear to uphold the Basic Law and swear allegiance to the HKSAR. The NPCSC endorsed the Interpretation of Article 104 (the Interpretation) on 7 November 2016, which explains that the provisions of the Article are not only the legal content which must be included in the oath, but also the legal requirements and preconditions for standing for election or taking up the public offices specified in the Article. The taking of the oath is a legal pledge made by public officers to the People’s Republic of China and the HKSAR, and is legally binding. The Interpretation also makes it clear that an oath taker who makes a false oath, or, who, after taking the oath, engages in conduct in breach of the oath, shall bear legal responsibility in accordance with the law. Article 35 of the National Security Law clearly stipulates that a person who is convicted of an offence endangering national security shall immediately be disqualified from standing as a candidate in elections or holding any public office. The NPCSC endorsed the decision on the qualification of LegCo members on 11 November, expressly stating that a LegCo member does not fulfil the legal requirements and conditions on upholding the Basic Law and pledging allegiance to the HKSAR of the People’s Republic of China if the member advocates or supports “Hong Kong independence”, refuses to recognise the People’s Republic of China’s sovereignty over Hong Kong and the exercise of the sovereignty, solicits intervention by foreign or external forces in the HKSAR’s affairs, or carries out other acts that endanger national security. When the member is so decided in accordance with law, he or she is immediately disqualified from being a LegCo member. To implement the Basic Law, the requirements of the National Security Law, as well as the NPCSC’s Interpretation and decision on the qualification of LegCo members, the HKSAR Government will introduce a bill with reference to relevant local court judgments within this year to amend such local laws as the Oaths and Declarations Ordinance and the Legislative Council Ordinance in order to enhance the oath-taking arrangements and to deal with those who have engaged in conduct that breaches the oath after swearing-in as well as the legal consequences and the relevant statutory procedures involved.
20. Pursuant to Article 99 of the Basic Law, civil servants must dedicate themselves to their duties and be responsible to the HKSAR Government. The HKSAR Government has made it clear that all civil servants joining the Government on or after 1 July 2020 must sign a declaration to uphold the Basic Law, swear allegiance to the HKSAR of the People’s Republic of China and be responsible to the HKSAR Government. As for serving civil servants, the Secretary for the Civil Service will announce the implementation details in due course.
