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Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021

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Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021
Legislative Council of Hong Kong
  • An Ordinance to amend the Interpretation and General Clauses Ordinance to explain the meaning of a reference to upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region of the People's Republic of China; to amend the Oaths and Declarations Ordinance to include in Part IV of the Ordinance an oath to be taken by every member of the District Councils, the requirements for taking the oaths specified in that Part and the consequences of declining or neglecting to take an oath; to amend the Legislative Council Ordinance and the District Councils Ordinance to add new grounds for disqualification from being nominated as a candidate for election as a member of the Legislative Council or as a member of a District Council and for disqualification from being elected, and from holding office, as such a member, to remove the time limit within which proceedings may be brought by the Secretary for Justice against a person on the ground of disqualification from acting as such a member and to provide for suspension of functions and duties of such a member on certain of such proceedings being brought by the Secretary for Justice; to amend the Hong Kong Court of Final Appeal Ordinance to provide for application for leave to appeal to the Hong Kong Court of Final Appeal in relation to such proceedings; to amend the Chief Executive Election Ordinance to add new grounds for disqualification from being nominated as a candidate for election of the Chief Executive and from being elected as the Chief Executive; to amend the National Anthem Ordinance to add the oath-taking ceremony by members of the District Councils as an occasion on which the national anthem must be played and sung; and to provide for related matters.[1]
CitationOrdinance 13 of 2021
Territorial extentHong Kong
Enacted byLegislative Council of Hong Kong
Signed20 May 2021 (2021-05-20)
Commenced21 May 2021 (2021-05-21)
Legislative history
Bill titlePublic Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021
Introduced bySecretary for Constitutional and Mainland Affairs Erick Tsang
Introduced26 February 2021 (2021-02-26)
First reading17 March 2021 (2021-03-17)
Second reading12 May 2021 (2021-05-12)
Third reading12 May 2021 (2021-05-12)
Amends
Interpretation and General Clauses Ordinance
Oaths and Declarations Ordinance
Interpretation and General Clauses Ordinance
Hong Kong Court of Final Appeal Ordinance
Legislative Council Ordinance
District Councils Ordinance
Chief Executive Election Ordinance
National Anthem Ordinance
High Court Ordinance
Electoral Affairs Commission Ordinance
Status: In force

The Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021 (Chinese: 2021年公職(參選及任職)(雜項修訂)條例) is an ordinance to amend the Oaths and Declarations Ordinance (Cap. 11) and other relating legislation which adds new requirements for the Chief Executive, Executive Council members, Legislative Council members and judges and other judicial officers, imposes oath-taking requirements on District Council members, and specifies requirements for candidates to swear to uphold the Basic Law and bear allegiance to the Hong Kong Special Administrative Region when assuming office or standing for election and also adds new grounds and mechanism for disqualification from holding the office or being nominated as a candidate.[1][2] The ordinance was seen as another round of the Beijing authorities to bar the opposition from standing in elections or holding public offices and also raised concerns on the bill's vague parameters of the oath with such over-reaching scope would undermine Hong Kong's judicial independence.[3]

Background

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Article 104 of the Basic Law of Hong Kong and the Oaths and Declarations Ordinance (Cap. 11) originally stated that five categories of public officers, Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary must "swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China" when assuming office.[2] However, penalty for violating the oath was not specified in the laws, and the District Councillors were not included in the categories.

In the 2016 New Territories East by-election for the Legislative Council, pro-independence activist Edward Leung ran for the office and fared a better-than-expected result by obtaining more than 15 per cent of the popular vote. In the following general election in September, the returning officers unprecedentedly invalidated Edward Leung and five other localists' nominations for their pro-independence inclination.[4] The decision was challenged by the leading lawyers in Hong Kong, who questioned whether returning officers had the power to investigate the "genuineness" of candidates' declarations and accordingly disqualify their candidacies. In their joint statement, it wrote that "[the Section 40 of the Legislative Council Ordinance] does not give the returning officer any power to inquire into the so-called genuineness of the candidates' declarations, let alone making a subjective and political decision to disqualify a candidate without following any due process on the purported ground that the candidate will not genuinely uphold the Basic Law." It also wrote that "arbitrary and unlawful exercise of powers by government officials ... are most damaging to the rule of law in Hong Kong."[5]

In the end, there were still six localist camp candidates who ran on the "right to self-determination" of Hong Kong got elected with 19 per cent of total vote share. Two localist legislators-elect, Baggio Leung and Yau Wai-ching of Youngspiration used the largely ritual oath-taking ceremony on the inaugural meeting of the Legislative Council on 12 October 2016 to protest, asserting "as a member of the Legislative Council, I shall pay earnest efforts in keeping guard over the interests of the Hong Kong nation," displayed a "Hong Kong is not China" banner, and mispronounced "People's Republic of China" as "people's re-fucking of Chee-na". As a result, Leung and Yau, as well as some other pro-democrats' oaths were invalidated by the Legislative Council President Andrew Leung. Chief Executive Leung Chun-ying and Secretary for Justice Rimsky Yuen also launched a judicial review against the duo. On 7 November 2016, the National People's Congress Standing Committee (NPCSC) controversially interpreted Article 104 of the Basic Law of Hong Kong to "clarify" the requirements that the legislators need to swear allegiance to Hong Kong as part of China when they take office, stating that a person "who intentionally reads out words which do not accord with the wording of the oath prescribed by law, or takes the oath in a manner which is not sincere or not solemn"[6] should be barred from taking their public office and cannot retake the oath. As a result, Baggio Leung and Yau Wai-ching were unseated by the court, followed by four other opposition legislators, Leung Kwok-hung, Nathan Law, Lau Siu-lai and Yiu Chung-yim who were also disqualified for their oath-taking manner on 14 July 2017.

Another wave of disqualification of opposition candidates occurred in the subsequently postponed 2020 Legislative Council election, where 12 opposition candidates including four incumbent legislators Alvin Yeung, Kwok Ka-ki, Dennis Kwok and Kenneth Leung and also four incumbent District Councillors Tiffany Yuen, Lester Shum, Fergus Leung and Cheng Tat-hung were also barred from running. Despite Chief Executive Carrie Lam's reassurance on the four incumbent legislators' eligibility to serve in the extended Legislative Council term, the National People Congress Standing Committee (NPCSC) on 11 November 2020 ruled in a decision which barred Legislative Council members from supporting Hong Kong independence, refusing to recognise Beijing's sovereignty over Hong Kong, seeking help from "foreign countries or foreign forces to interfere in the affairs of the region" or committing "other acts that endanger national security", targeting the four sitting legislators. On the same day, the SAR administration announced that four legislators had been stripped of their seats with immediate effect.[7] In response, the 15 remaining pro-democracy legislators announced they would resign en masse in solidarity with the disqualified members, leaving the legislature with virtually no opposition.[8]

On 30 June 2020, the National People Congress Standing Committee (NPCSC) imposed the national security law on Hong Kong, which stipulates that a candidate who stands for election or assumes public office shall confirm in writing or take an oath to uphold the Basic Law and swear allegiance to the Hong Kong Special Administrative Region in accordance with the law besides other new restrictions,[2] which required the amendment to the existing local legislation to implement the new requirements imposed by the NPCSC.

Contents

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According to the government's press release, the bill mainly comprises the following six key areas of amendments which seek to:[2]

  1. amend the Interpretation and General Clauses Ordinance (Cap. 1) to add the legal requirements and conditions of "upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region" with reference to the 2016 NPCSC Interpretation, the national security law and the 11 November 2020 NPCSC's "Decision on Issues Relating to the Qualification of the Members of the Legislative Council of the Hong Kong Special Administrative Region";
  2. impose an oath-taking requirement for District Council members which would be required with the same criteria as other public officers under Article 104 of the Basic Law;
  3. lay out the concrete oath-taking requirements in the Oaths and Declarations Ordinance (Cap. 11), including that the oath-taking should comply with the oath-taking procedure and ceremony; an oath taker who intentionally reads out words which do not accord with the wording of the oath prescribed by law, or takes the oath in a manner which is not sincere or not solemn, shall be treated as declining to take the oath. The oath so taken is invalid and the oath taker is disqualified forthwith from assuming the public office;
  4. specify the arrangement of the oath administrator by standardising the arrangement for the Chief Executive or a person authorised by the Chief Executive to administer the oaths for Executive Council members, Legislative Council members, judges and other judicial officers, and District Council members;
  5. amend the Legislative Council Ordinance (Cap. 542) and the District Councils Ordinance (Cap. 547) to specify that a person who has breached an oath, or failed to fulfil the legal requirements and conditions on upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region will be disqualified from holding the office; and provide for the mechanism in case of such a breach or failure; and
  6. introduce restriction in Chief Executive, Legislative Council and District Council elections such that persons who have been disqualified from entering on an office for declining or neglecting to take an oath, breached an oath or failed to fulfill the legal requirements and conditions on "upholding the Basic Law and bearing allegiance to the Hong Kong Special Administrative Region", would be disqualified from being nominated or elected in the relevant elections held within five years.

Concerns

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Some concerns regarded the "negative list" which proscribed unpatriotic acts in the bill was far too vague and could put judges and politicians under intense pressure if their rulings or voting patterns were viewed as challenging the government. The bill intended to include the community-level District Councilors to be scrutinised for their oath-taking manners, was expected to pave the way for mass disqualification of the pro-democracy councillors who humiliated Beijing when they won District Council election by a landslide in 2019 amid the historic anti-government protests. The ranks of judges in Hong Kong, including leading foreign jurists, must also take oaths to Hong Kong under long-standing requirements, would also come under the new layer of outside political scrutiny. "These references are extremely vague and it creates more possible complications for how the judiciary itself has to regulate judges against these new standards," University of Hong Kong law professor Simon Young said. "There is still time to clarify things... the point is we should not be defining these specific parameters of the oath in such vague ways with such over-reaching scope that it could undermine judicial independence."[3]

Passage

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The Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021 was passed by a 40-to-1 vote in the pro-Beijing-dominated legislature on 12 May 2021, with Civic Passion's Cheng Chung-tai the only one voted against.[9] Chief Executive Carrie Lam on 20 May signed the bill into the law which came into effect after it is published in the Gazette on 21 May.[10]

Effects

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Resignations

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In the past six months before the bill passage, dozens of opposition District Councillors resigned for refusal to take an oath under the new law.[9][11] In early July 2021, the government reportedly considered banning 230 councillors to take oath of office and would ask them return their accrued salaries which worth around a million dollars. Such reports triggered a mass resignation of more than 260 councillors, while eight other had been unseated as they were in custody or had left the city.[12]

District Constituency Name Political affiliation Term End Notes
Central and Western Mid Levels East Ng Siu-hong Democratic 1 May 2021 Personal reasons
Castle Road Cheng Lai-king Democratic 9 July 2021
University Camille Yam Ka-yi Ind. democrat 12 July 2021
Kennedy Town & Mount Davis Cherry Wong Kin-ching Independent (previously Civic) 4 June 2021 Personal reasons
Shek Tong Tsui Sam Yip Kam-lung Ind. democrat 8 July 2021
Sai Ying Pun Wong Weng-chi Ind. democrat 11 July 2021
Sheung Wan Kam Nai-wai Democratic 8 July 2021
Tung Wah Bonnie Ng Hoi-yan Democratic 9 July 2021
Centre Street Cheung Kai-yin Democratic 9 July 2021
Water Street Ho Chi-wang VSA 27 May 2021 Personal reasons
Wan Chai Oi Kwan Law Wai-shan Ind. democrat 9 July 2021
Canal Road Mak King-sing Ind. democrat 9 July 2021
Causeway Bay Cathy Yau Man-shan Ind. democrat 9 July 2021
Victoria Park Li Wing-choi Ind. democrat 9 July 2021
Tin Hau Chan Yuk-lam Ind. democrat 9 July 2021
Happy Valley Clara Cheung Ind. democrat 8 July 2021
Eastern Tai Koo Shing West Andrew Chiu Ka-yin Democratic/PC 8 July 2021
Tai Koo Shing East Patrick Wong Chun-sing Ind. democrat 8 July 2021
Sai Wan Ho Mak Tak-ching Labour 9 July 2021
A Kung Ngam Kwok Chi-chung SKWEF 9 July 2021
Heng Fa Chuen Christine Wong Yi Ind. democrat 1 April 2021 Personal reasons
Tsui Wan Ku Kwai-yiu Ind. democrat 15 July 2021
Yan Lam Alice Ishigami Lee Fung-king Ind. democrat 11 July 2021
King Yee Phoenix Tsang Yan-ying Ind. democrat 1 June 2021
Wan Tsui Peter Ng Cheuk-ip Ind. democrat 10 July 2021
Fei Tsui Joseph Lai Chi-keong Civic 9 July 2021
Fortress Hill Jason Chan Ka-yau Ind. democrat 1 June 2021 Protest against oath-taking
Fort Street Karrine Fu Kai-lam Ind. democrat 1 June 2021 Protest against oath-taking
Kam Ping Lee Yue-shun Independent (previously Civic) 1 September 2021 Personal reasons
Tanner Tat Cheng Tat-hung Independent (previously Civic) 11 May 2021 Personal reasons
Healthy Village James Pui Chi-lap Ind. democrat 9 July 2021
Quarry Bay Kelly Chan Po-king Ind. democrat 8 July 2021
Nam Fung Cheung Kwok-cheong Democratic 15 July 2021
Kornhill Derek Ngai Chi-ho Civic 10 July 2021
Kornhill Garden Leung Siu-sun Civic 9 July 2021
Hing Tung Cheung Chun-kit Ind. democrat 8 July 2021
Lower Yiu Tung Ho Wai-lun Labour 9 July 2021
Hing Man Tse Miu-yee Ind. democrat 11 July 2021
Lok Hong Bull Tsang Kin-shing LSD 8 July 2021
Southern Aberdeen Angus Wong Yui-hei Ind. democrat 9 July 2021
Ap Lei Chau North Chan Ping-yeung Democratic 9 July 2021
Lei Tung I Chan Yan-yi Democratic 9 July 2021
Lei Tung II Lo Kin-hei Democratic 11 July 2021
South Horizons East James Yu Chun-hei Independent (previously Civic) 9 July 2021
South Horizons West Kelvin Lam Ho-por Ind. democrat 11 July 2021
Wah Kwai Poon Ping-hong Democratic 9 July 2021
Wah Fu South Li Shee-lin Democratic 9 July 2021
Wah Fu North Yim Chun-ho Democratic 9 July 2021
Chi Fu Andrew Lam Tak-wo Ind. democrat 10 July 2021
Shek Yue Chan Hin-chung Ind. democrat 9 July 2021
Wong Chuk Hang Tsui Yuen-wa Democratic 9 July 2021
Yau Tsim Mong Tsim Sha Tsui West Leslie Chan Ka-long Ind. democrat 16 July 2021
Jordan West Natalie Tsui Wai-fong Ind. democrat 9 July 2021
Fu Pak Yu Tak-po Independent (previously Civic) 11 July 2021
Tai Kok Tsui North Owan Li Ind. democrat 9 July 2021
Tai Nan Lee Kwok-kuen Community March 8 July 2021
Mong Kok North Lucifer Siu Tak-kin Ind. democrat 10 July 2021
Mong Kok East Ben Lam Siu-pan Community March 9 July 2021
Jordan South Chan Tsz-wai Ind. democrat 12 July 2021
Tsim Sha Tsui Central Ho Cheuk-hin Community March 8 July 2021
Sham Shui Po Nam Cheong North Lao Ka-hang Independent (previously Civic) 12 July 2021
Shek Kip Mei Jeffrey Sin Kam-ho Ind. democrat 9 July 2021
Nam Cheong East Kalvin Ho Kai-ming ADPL 12 July 2021
Nam Cheong West Wai Woon-nam ADPL 8 July 2021
Fu Cheong Wong Kit-long CSWWF 8 July 2021
Lai Kok Li Kwing ADPL 8 July 2021
Fortune Ronald Tsui Yat-hin ADPL 9 July 2021
Pik Wui Zoe Chow Wing-heng Democratic 8 July 2021
Lai Chi Kok South Yeung Yuk ADPL 9 July 2021
Mei Foo South Chau Yuen-man Civic 1 June 2021 Personal reasons
Mei Foo North Joshua Li Chun-hei Independent (previously Civic) 8 July 2021
Un Chau Lee Hon-ting ADPL 8 July 2021
Lei Cheng Uk Kong Kwai-sang ADPL 9 July 2021
Ha Pak Tin Yan Kai-wing Ind. democrat 9 July 2021
Nam Shan, Tai Hang Tung & Tai Hang Sai Tam Kwok-kiu ADPL 8 July 2021
Kowloon City Ma Hang Chung Lai Kwong-wai Democratic 9 July 2021
Ma Tau Kok Ma Hei-pang Democratic 9 July 2021
Sheung Lok Wong Wing-kit Democratic 11 July 2021
Ho Man Tin Joshua Fung Man-tao Democratic 9 July 2021
Kadoorie Siu Leong-sing Democratic 9 July 2021
Whampoa East Kwan Ka-lun Ind. democrat 8 July 2021
Whampoa West Kwong Po-yin Ind. democrat 8 July 2021
Ka Wai Chau Hei-man Democratic 12 July 2021
Oi Man Mak Sui-ki Democratic 11 July 2021
Wong Tai Sin Lung Tsui Chong Ting-wai Ind. democrat 11 July 2021
Lung Ha Kwok Sau-ying Ind. democrat 10 July 2021
Lung Sheung Chan Chun-yue Ind. democrat 11 July 2021
Fung Wong Tang Wai-keung Democratic 9 July 2021
Fung Tak Cheung Ka-yi TWSCP 11 July 2021
San Po Kong Chan Kai-shun Ind. democrat 8 July 2021
Tung Tau Hiroko Wan Chi-chung People Power 13 July 2021
Tung Mei Sze Tak-loy ADPL 9 July 2021
Lok Fu Leung Ming-hong Ind. democrat 8 July 2021
Wang Tau Hom Carmen Lau Ka-man Civic 9 June 2021 Protest against oath-taking
Tin Keung Jay Cheng Man-kit Independent (previously Civic) 9 July 2021
Tsui Chuk & Pang Ching Yau Hon-pong Ind. democrat 9 July 2021
Chuk Yuen South Hui Kam-shing ADPL 8 July 2021
Chuk Yuen North Cheng Tsz-kin Ind. democrat 1 June 2021 Protest against political change
Tsz Wan West Cheung Mau-ching Democratic 10 July 2021
Ching Oi Sham Yu-hin TWSCP 11 July 2021
Ching On Roger Wong Yat-yuk Ind. democrat 8 July 2021
Tsz Wan East Mok Yee-ha Ind. democrat 10 July 2021
King Fu Rosanda Mok Ka-han Democratic 9 July 2021
Choi Wan South Shum Wan-wa Democratic 9 July 2021
Choi Wan West Chan Lee-shing Democratic 9 July 2021
Chi Choi Wu Chi-kin Democratic 10 July 2021
Kwun Tong Kai Yip Wan Ka-him Democratic 9 July 2021
Lai Ching Sheik Anthony Bux Civic 1 June 2021 Personal reasons
Shun Tin Mok Kin-shing Democratic 20 July 2021
On Lee Choy Chak-hung Ind. democrat 20 July 2021
Sau Mau Ping North Raymond Tang Wai-man Ind. democrat 12 July 2021
Po Tat Fung Ka-lung Ind. democrat 9 July 2021
Hing Tin Nelson Ip Tsz-kit Democratic 10 July 2021
Ping Tin Eason Chan Yik-shun Ind. democrat 12 July 2021
Pak Nga Chan Man-kin Democratic 10 July 2021
Yau Tong East Kung Chun-ki Ind. democrat 19 July 2021
Yau Lai Wang Wai-lun Ind. democrat 18 July 2021
Laguna City William Li Wai-lam Independent (previously Civic) 12 July 2021
King Tin Wong Ka-ying Independent (previously Civic) 11 July 2021
Hiu Lai Wilson Cheung Man-fung Ind. democrat 18 July 2021
Po Lok Cheng Keng-ieong Democratic 9 July 2021
Yuet Wah Jannelle Rosalynne Leung Ind. democrat 10 July 2021
Lok Wah North Wong Chi-ken KEC 20 July 2021
Hong Lok Chris Chan Ka-yin Ind. democrat 1 June 2021 Personal reasons
Ting On Wong Kai-ming Democratic 10 July 2021
Lower Ngau Tau Kok Estate Li Wing-shan Ind. democrat 9 July 2021
To Tai Lee Kwan-chak Independent (previously Civic) 11 July 2021
Tsuen Wan Tak Wah Jackson Lau Deliberation TW 11 July 2021
Tsuen Wan West Angus Yick Shing-chung Democratic 11 July 2021
Clague Garden Chan Kim-kam Ind. democrat 12 July 2021
Luk Yeung Roy Pun Long-chung Independent (previously Neo Democrats) 8 July 2021
Tsuen Wan Rural Norris Ng Hin-lung Independent 9 July 2021
Ting Sham Lau Chi-hung Ind. democrat 9 July 2021
Lai To Ronald Tse Man-chak Ind. democrat 9 July 2021
Allway Chiu Yan-loy Labour 18 July 2021
Cheung Shek Matthew Lai Man-fai Democratic 13 July 2021
Tuen Mun Tuen Mun Town Centre Alfred Lai Chun-wing Democratic 7 July 2021
Siu Tsui Yan Pui-lam Independent (previously Team Chu) 8 July 2021
Yau Oi South Lam Kin-cheung Labour 8 July 2021
Yau Oi North Lam Ming-yan Labour 8 July 2021
Hing Tsak Tsang Chun-hing TMCN 10 July 2021
So Kwun Wat Ma Kee Democratic 1 June 2021
Sam Shing Michael Mo Kwan-tai Ind. democrat 9 July 2021
Hanford Beatrice Chu Shun-nga Ind. democrat 9 July 2021
Butterfly Yeung Chi-hang ADPL 9 July 2021
Lok Tsui Lo Chun-yu Democratic 8 July 2021
San King Catherine Wong Lai-sheung Democratic 8 July 2021
Kin Sang Law Pei-lee Independent (previously Team Chu) 9 July 2021
Siu Hong Josephine Chan Shu-ying Democratic 7 July 2021
Fu Tai Ho Kwok-ho Empowering HK 9 July 2021
Prime View Ho Hang-mui Democratic 8 July 2021
Yuen Long Fung Nin Kisslan Chan King-lun Ind. democrat 15 July 2021
Yuen Long Centre Shek King-ching Democratic Alliance 13 July 2021
Fung Cheung Mak Ip-sing Democratic Alliance 13 July 2021
Yuen Lung Cheung Sau-yin Ind. democrat 22 October 2021 Personal reasons
Shap Pat Heung Central Willis Fong Ho-hin Action 18 9 July 2021
Yuen Long Tung Tau Lam Ting-wai Democratic 13 July 2021
Shap Pat Heung East Lee Chun-wai Action 18 12 July 2021
Shap Pat Heung West Szeto Pok-man Ind. democrat 1 June 2021 Personal reasons
Ping Shan South Leung Tak-ming Independent (previously Team Chu) 8 July 2021
Hung Fuk Eddie Chan Shu-fai Independent (previously Team Chu) 8 July 2021
Shing Yan Au Kwok-kuen Independent (previously Team Chu) 8 July 2021
Tin Shing Hau Man-kin TSW Connection 8 July 2021
Tin Yiu Ho Wai-pan Ind. democrat 14 July 2021
Kingswood South Katy Ng Yuk-ying Democratic 13 July 2021
Shui Wah Lam Chun TSW Connection 8 July 2021
Yuet Yan Hong Chin-wah Ind. democrat 14 July 2021
Ching King Kwok Man-ho Democratic 11 July 2021
Fu Yan Kwan Chun-sang TSW Connection 9 July 2021
Yat Chak Wong Wing-sze Civic Passion 3 September 2021 Party dissolved
Wang Yat Mo Kai-hong Ind. democrat 12 July 2021
Fairview Park To Ka-lun Ind. democrat 1 May 2021
North Cheung Wah Chan Yuk-ming Democratic 8 July 2021
Wah Ming Chan Wai-tat Independent (previously Neo Democrats) 8 July 2021
Yan Shing Lam Shuk-ching Neo Democrats 1 June 2021 Protest against oath-taking
Fanling South Franco Cheung Ching-ho Ind. democrat 9 July 2021
Ching Ho Yuen Ho-lun Ind. democrat 1 June 2021 Protest against oath-taking
Yu Tai Vincent Chan Chi-fung Ind. democrat 12 July 2021
Choi Yuen Lam Tsz-king Democratic 8 July 2021
Tin Ping West Kwok Long-fung Democratic 11 July 2021
Fung Tsui Chiang Man-ching Ind. democrat 8 July 2021
Tin Ping East Lau Ki-fung Independent (previously Neo Democrats) 8 July 2021 Personal reasons
Tai Po Tai Po Hui Nick Lam Ming-yat TPDA 12 May 2021 Personal reasons
Chung Ting Man Nim-chi Ind. democrat 13 July 2021
Tai Po Central Ray Au Chun-wah Community Alliance/TPDA 21 July 2021
Yee Fu Yam Kai-bong Independent (previously Neo Democrats) 8 July 2021
Fu Ming Sun Kwan Wing-yip Independent (previously Neo Democrats) 8 July 2021
Kwong Fuk & Plover Cove Dalu Lin Kok-cheung Ind. democrat 11 May 2021 Protest against political change
Wan Tau Tong Wong Siu-kin Civic Passion 3 September 2021 Party dissolved
San Fu Max Wu Yiu-cheong Neo Democrats 11 May 2021 Protest against political change
Po Nga Paul Chow Yuen-wai Independent (previously Neo Democrats) 12 July 2021 Personal reasons
Hong Lok Yuen Manson Yiu Yeuk-sang Ind. democrat 17 May 2021 Personal reasons
Sai Kung Sai Kung Central Zoe Leung Hin-yan Sai Kung Commons 10 July 2021
Pak Sha Wan Stanley Ho Wai-hong Sai Kung Commons/Labour 13 July 2021
Sai Kung Islands Debby Chan Ka-lam Ind. democrat 12 July 2021
Hang Hau West Yu Tsun-ning TKO Shining 30 September 2021 Personal reasons
Choi Kin Chan Wai-lit TKO Pioneers 8 July 2021
Kin Ming Leung Li Independent (previously Neo Democrats) 1 June 2021 Personal reasons
Wai King Brandon Kenneth Yip TKO Shining 11 July 2021
Hoi Chun Ivan Lai Wai-tong Independent (previously Neo Democrats) 12 July 2021
Po Yee Tse Ching-fung CGPLTKO 13 July 2021
Fu Kwan Luk Ping-choi CGPLTKO/CA 13 July 2021
O Tong Lui Man-kwong Independent (previously Neo Democrats) 13 July 2021
Hong King Frankie Lam Siu-chung Independent (previously Neo Democrats) 12 July 2021
Po Lam Fung Kwan-on Independent (previously Neo Democrats) 9 July 2021
Wai Yan Chun Hoi-shing Independent (previously Neo Democrats) 13 July 2021
King Lam Cheung Wai-chiu TKO Pioneers 9 July 2021
Tak Ming Cheng Chung-man Ind. democrat 13 July 2021
Kwan Po Lai Ming-chak Neo Democrats 1 May 2021 Protest against oath-taking
Sha Tin Lek Yuen Jimmy Sham Tsz-kit LSD 8 July 2021
City One Wong Man-huen Civic 4 June 2021 Protest against oath-taking
Sha Kok Billy Chan Shiu-yeung Ind. democrat 7 July 2021
Pok Hong Chiu Chu-pong Independent (previously CST) 9 July 2021
Jat Chuen Yau Man-chun Ind. democrat 9 July 2021
Chun Fung Chan Nok-hang Independent (previously CST) 30 September 2021 Personal reasons
Sun Tin Wai Ching Cheung-ying Democratic 8 July 2021
Chui Tin Hui Yui-yu Ind. democrat 9 July 2021
Hin Ka Chan Wang-tung Ind. democrat 8 July 2021
Wan Shing Cheung Hing-wa Independent (previously Neo Democrats) 8 July 2021
Tin Sum Tsang Kit Independent (previously CST) 15 July 2021
Chui Ka Li Sai-hung Ind. democrat 10 July 2021
Sui Wo Mak Tsz-kin Independent (previously Civic) 11 July 2021
Fo Tan Lui Kai-wing Independent (previously Civic) 15 July 2021
Hoi Nam Chan Pui-ming Civic 2 October 2021 Protest against oath-taking
Chung On Yip Wing Labour 8 July 2021
Wu Kai Sha Li Wing-shing Independent (previously CST) 7 July 2021
Fu Lung Tsang So-lai Democratic 9 July 2021
Kam Ying Ting Tsz-yuen Community Sha Tin 1 June 2021 Protest against political change
Tai Shui Hang Michael Yung Ming-chau Civic 12 July 2021
Yu Yan Lo Yuet-chau STCV 8 July 2021
Bik Woo Luk Tsz-tung Independent (previously Civic) 12 July 2021
Kwong Hong Ricardo Liao Pak-hong Ind. democrat 9 July 2021
Kwong Yuen Yeung Sze-kin Ind. democrat 8 July 2021
Kwai Tsing Kwai Luen Ng Kim-sing Democratic 10 July 2021
Kwai Shing East Estate Rayman Chow Wai-hung Ind. democrat 19 July 2021
Upper Tai Wo Hau Hui Kei-cheung Democratic 10 July 2021
Lower Tai Wo Hau Wong Bing-kuen Democratic 9 July 2021
Kwai Chung Estate South Ivan Wong Yun-tat Ind. democrat 1 June 2021
On Yam Leung Wing-kuen Democratic 10 July 2021
Shek Lei South Leung Kwok-wah Democratic 9 July 2021
Lai Wah Steve Cheung Kwan-kiu Independent (previously Civic) 8 July 2021
Cho Yiu Choi Nga-man Ind. democrat 9 July 2021
Lai King Wong Tin-yan Ind. democrat 8 July 2021
On Ho Warren Tam Ka-chun Independent (previously Civic) 12 July 2021
Wai Ying Henry Sin Ho-fai Independent (previously Civic) 9 July 2021
Tsing Yi Estate Wong Pit-man Tsing Yi People 9 July 2021
Greenfield Wong Chun-tat Ind. democrat 10 July 2021
Cheung Ching Nicholas Hon Chun-yin Democratic 9 July 2021
Ching Fat Lau Chi-kit Democratic 12 July 2021
Cheung On Dennis Cheung Man-lung Ind. democrat 20 July 2021
Islands Tung Chung Central Lee Ka-ho Independent (previously Civic) 9 July 2021
Discovery Bay Amy Yung Wing-sheung Independent (previously Civic) 10 July 2021
Cheung Chau Leung Kwok-ho Ind. democrat 11 July 2021

Disqualifications

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The government began the oath-taking ceremonies for the District Councillors from September 2021, and said it would consider the past conduct of the oath-takers when reviewing whether their pledges of allegiance are sincere.[12] Following four oath-taking ceremonies starting in early September, oaths taken by 49 District Councillors were ruled invalid without any explanation, leaving more than 70 per cent seats in the 18 District Councils vacant. Under the amended Oaths and Declarations Ordinance, the disqualified District Councillors would be banned from standing in elections for the next five years, including former Democratic Legislative Councillor Roy Kwong and James To and some other Democrats who had expressed their interest in running in the upcoming Legislative Council election in December.[13]

District Constituency Name Political affiliation Term End Notes
Wan Chai Tai Hang Clarisse Yeung Suet-ying Ind. democrat 15 September 2021 Oath invalid
Tai Fat Hau Leung Pak-kin Ind. democrat 15 September 2021 Oath invalid
Eastern Lei King Wan Alice Wei Siu-lik Ind. democrat 15 September 2021 Oath invalid
Aldrich Bay So Yat-hang Democratic 15 September 2021 Oath invalid
Siu Sai Wan Chan Wing-tai Ind. democrat 15 September 2021 Oath invalid
Tsui Tak Peter Choi Chi-keung Ind. democrat 10 September 2021 Declined oath-taking
Kai Hiu Lai Tsz-yan Ind. democrat 15 September 2021 Oath invalid
Southern Tin Wan Tiffany Yuen Ka-wai Ind. democrat 21 May 2021 Requirements not met[14]
Stanley & Shek O Michael Pang Cheuk-kei Ind. democrat 15 September 2021 Oath invalid
Yau Tsim Mong Yau Ma Tei South Suzanne Wu Sui-shan Independent (previously Community March) 29 September 2021 Oath invalid
Olympic James To Kun-sun Democratic 29 September 2021 Oath invalid
Tai Kok Tsui South Tsang Tsz-ming Democratic 29 September 2021 Oath invalid
Mong Kok South Chu Kong-wai Independent (previously Community March) 29 September 2021 Oath invalid
Sham Shui Po Cheung Sha Wan Leos Lee Man-ho Independent (previously CSWCEP) 24 September 2021 Declined oath-taking
Yau Yat Tsuen Lau Wai-chung Ind. democrat 29 September 2021 Oath invalid
Kowloon City Ma Tau Wai Tsang Kin-chiu Ind. democrat 29 September 2021 Oath invalid
Hok Yuen Laguna Verde Tony Kwok Tin-lap Democratic/PC 29 September 2021 Oath invalid
Hung Hom Bay Pius Yum Kwok-tung Democratic 29 September 2021 Oath invalid
Wong Tai Sin Choi Hung Sean Mock Ho-chit CHESSA 29 September 2021 Oath invalid
Kwun Tong Kwun Tong Central Edith Leung Yik-ting Democratic 29 September 2021 Oath invalid
Tsuen Wan Yeung Uk Road Lam Sek-tim TWCN 21 October 2021 Oath invalid
Hoi Bun Lester Shum Independent (previously Team Chu) 21 May 2021 Requirements not met[14]
Tsuen Wan Centre Li Hung-por Democratic 21 October 2021 Oath invalid
Tuen Mun Tsui Hing Poon Chi-kin Independent (previously TMCN) 7 October 2021 Declined oath-taking
Fu Sun Lee Ka-wai Ind. democrat 17 July 2021 Absent meetings
Lung Mun Tsang Kam-wing LMCG 21 October 2021 Oath invalid
Leung King Wong Tak-yuen Independent (previously TMCN) 7 October 2021 Declined oath-taking
Tuen Mun Rural Kenneth Cheung Kam-hung Ind. democrat 21 October 2021 Oath invalid
Yuen Long Shui Pin Lai Kwok-wing Independent (previously Team Chu) 21 October 2021 Oath invalid
Nam Ping Zachary Wong Wai-yin Democratic 21 October 2021 Oath invalid
Pek Long Kwong Chun-yu Democratic 21 October 2021 Oath invalid
Ping Shan Central Felix Cheung Chi-yeung Ind. democrat 21 October 2021 Oath invalid
Yiu Yau Ng Hin-wang Democratic 21 October 2021 Oath invalid
Shui Oi Lai Po-wa Democratic 21 October 2021 Oath invalid
Chung Wah Chan Sze-nga Ind. democrat 21 October 2021 Oath invalid
Chung Pak Lee Wai-fung TSWLPU 21 October 2021 Oath invalid
Kam Tin Chris Li Chung-chi Ind. democrat 7 October 2021 Declined oath-taking
Tai Po Lam Tsuen Valley Richard Chan Chun-chit Independent (previously TPDA) 8 October 2021 Oath invalid
Tai Wo Olive Chan Wai-ka Ind. democrat 8 October 2021 Oath invalid
Shuen Wan So Tat-leung Ind. democrat 8 October 2021 Oath invalid
Sai Kung Hang Hau East Ryan Lee Yin-ho Independent (previously CGPLTKO) 8 October 2021 Oath invalid
Sheung Tak Lee Ka-yui Independent (previously CGPLTKO) 8 October 2021 Oath invalid
Kwong Ming Ricky Or Yiu-lam Independent (previously CGPLTKO) 8 October 2021 Oath invalid
Hau Tak Wong Cheuk-nga Ind. democrat 8 October 2021 Oath invalid
Sha Tin Wo Che Estate Li Chi-wang Ind. democrat 8 October 2021 Oath invalid
Yue Shing William Shek Independent (previously CST) 8 October 2021 Oath invalid
Wong Uk Lai Tsz-yan Independent (previously CST) 8 October 2021 Oath invalid
Shui Chuen O Lo Tak-ming Independent (previously CST) 8 October 2021 Oath invalid
Lower Shing Mun Ken Wong Ho-fung Independent (previously CST) 8 October 2021 Oath invalid
Keng Hau Ng Kam-hung Independent (previously CST) 8 October 2021 Oath invalid
Tai Wai Kudama Ng Ting-lam Democratic 8 October 2021 Oath invalid
Chung Tin Wong Hok-lai Independent (previously CST) 8 October 2021 Oath invalid
Heng On Cheng Tsuk-man Democratic 8 October 2021 Oath invalid
Kwai Tsing Hing Fong Tong Ho-man Democratic 21 October 2021 Oath invalid
Kwai Shing West Estate Ivy Leung Ching-shan Independent (previously NWSC) 21 October 2021 Oath invalid
Tsing Yi South Daniel Kwok Tsz-kin Ind. democrat 7 October 2021 Declined oath-taking
Islands Tung Chung South Sheep Wong Chun-yeung Ind. democrat 21 October 2021 Oath invalid
Tung Chung North Sammy Tsui Sang-hung Democratic 21 October 2021 Oath invalid

Responses

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On 21 October 2021, UK Foreign Secretary Liz Truss issued a statement on the disqualification of District Councillors in Hong Kong, expressing its concern on the disqualifications of 55 District Councillors and resignations of over 250 who were pressured for political reasons. "The Hong Kong SAR Government must uphold freedom of speech and allow the public a genuine choice of political representatives," the statement wrote.[15]

The United States also slammed the mass disqualification. "These retroactive and targeted disqualifications, based on the Hong Kong authorities’ arbitrary determination that these district councillors' loyalty oaths are invalid, prevent people in Hong Kong from participating meaningfully in their own governance," US State Department spokesman Ned Price said on 21 October.[16]

In the 21 October statement, an EU spokesperson said that the expulsions and resignations negate the results of the 2019 District Council election and had weakened Hong Kong's "democratic governance structure". "The protection of civil and political rights in Hong Kong is a fundamental part of the 'One Country, Two Systems' principle, which the EU supports," the spokesperson said. "The EU calls on China to act in accordance with its international commitments and its legal obligations and to respect Hong Kong's high degree of autonomy and rights and freedoms."[16]

References

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  1. ^ a b "Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021" (PDF). Legislative Council of Hong Kong.
  2. ^ a b c d "Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021 gazetted today". Hong Kong Government. 26 February 2021.
  3. ^ a b "Concerns mount that new Hong Kong law on patriotic oaths could trap judges". Reuters. 16 March 2021.
  4. ^ "梁天琦遭選管會 取消參選資格". Stand News. 2 August 2016.
  5. ^ Ng, Joyce (3 August 2016). "Lawyers question power of returning officers to disqualify Hong Kong poll candidates". South China Morning Post.
  6. ^ "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" (PDF). www.elegislation.gov.hk. Retrieved 2018-01-05.
  7. ^ "Booted out". The Standard. 12 November 2020.
  8. ^ "Hong Kong pro-democracy lawmakers resign after China ruling". BBC News. 12 November 2020.
  9. ^ a b "HKSAR's legislature requires district councilors to take oath". China Daily. 13 May 2021.
  10. ^ "CE signs Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021 (with photos)". Hong Kong Government. 20 May 2020.
  11. ^ "全港區議員快要宣誓 逾30人已辭職或表明拒誓 但民主派主導區議會形勢不變". 法廣. 2021-05-13.
  12. ^ a b "Hong Kong's remaining district councillors must take oaths of loyalty to gov't from Fri". Hong Kong Free Press. 7 September 2021.
  13. ^ "16 more Hong Kong democratically-elected district councillors ousted over loyalty oaths, as democrats left in the minority". Hong Kong Free Press. 21 October 2021.
  14. ^ a b "Axe falls on pro-democracy Hong Kong councillors as law mandating oath of loyalty to gov't enacted". Hong Kong Free Press. 21 May 2021.
  15. ^ "Hong Kong Councillors: Foreign Secretary's statement". UK Government. 21 October 2021.
  16. ^ a b Churchill, Owen (21 October 2021). "US, Britain and EU voice objections to Hong Kong's disqualification of opposition district councillors". South China Morning Post.
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