Source: Global Network
[ Global Network Reporter Kang Pok-ho] The Hong Kong government issued a press release today (29th) stating that the government has held an oath-taking ceremony for district councilors of Yau Tsim Mong District Council, Sham Shui Po District Council, Kowloon City District Council, Wong Tai Sin District Council and Kwun Tong District Council at the North Point Community Hall on September 24 in accordance with the requirements of the Public Offices (Standing for Election and Holding) (Miscellaneous Amendments) Ordinance 2021. The Supervisor of Oaths has determined on September 24 that among the 55 district councilors who took the oath that day, the oaths of 45 district councilors were valid and the oaths of 10 district councilors were invalid.
Screenshot of the Hong Kong government’s press communiqué
The full text of the Hong Kong government’s press communiqué on the oath of Hong Kong district councilors is as follows:
The government has complied with the "2021 In accordance with the requirements of the 2020 Public Offices (Standing for Election and Holding) (Miscellaneous Amendments) Ordinance, the oath-taking ceremony for district councilors of Yau Tsim Mong District Council, Sham Shui Po District Council, Kowloon City District Council, Wong Tai Sin District Council and Kwun Tong District Council will be held at the North Point Community Hall on September 24, 2021. On the same day, the district councilors who attended the ceremony swore one by one to support the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China" and to be loyal to the Hong Kong Special Administrative Region of the People's Republic of China. The oath was administered by Xu Yingwei, Director of the Home Affairs Bureau, as the oath-giver authorized by the Chief Executive.
The oath is legally binding, and the person taking the oath must sincerely believe in and strictly abide by the legal oath. If the oath-taker makes a false oath or engages in behavior that violates the oath after taking the oath, he shall bear legal responsibility in accordance with the law. Section 21 of the Oaths and Declarations Ordinance (Cap. 11) stipulates that if a person who is duly invited to take an oath required by relevant legislation refuses or neglects to take an oath, he must leave office if he has already assumed office.
According to the interpretation of Article 104 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China by the Standing Committee of the National People's Congress (the "Interpretation"), the person administering the oath has the responsibility to ensure that the oath is carried out legally. An oath that complies with the "Interpretation" and the laws of the Hong Kong Special Administrative Region shall be determined as a valid oath; an oath that does not comply with the "Interpretation" and the laws of the Hong Kong Special Administrative Region shall be determined as an invalid oath, and the oath shall not be rescheduled.
The Commissioner of Oaths has confirmed on September 24 that among the 55 district councilors who took the oath that day, the oaths of 45 district councilors were valid. In view of the fact that the Commissioner of Oaths has doubts about the validity of the oaths taken by the remaining 10 district councilors, the Commissioner of Oaths has written to the relevant district councilors on September 24, requesting them to provide additional information.
After considering the written replies from the relevant district councilors and all relevant information, the Commissioner of Oaths determined that the oaths taken by the 10 district councilors were invalid in accordance with the principles stipulated in the Interpretation and relevant legal provisions. The details are as follows:
Invalid oaths
Yau Tsim Mong District Council: 1. Wu Sui Shan 2. To Jinshen3. Tsang Ziming 4. Zhu Jiangwei
Sham Shui Po District Council: 1. Lau Wai-chung
Kowloon City District Council: 1. Tsang Kin-chiu 2. Kwok Tin-li 3. Yam Kwok-tung
Wong Tai Sin District Council: 1. Mok Hao-zhe
Kwun Tong District Council: 1. Leung Yee-ting