China News Service, Hong Kong, September 24. The Hong Kong Special Administrative Region Government held an oath ceremony for the 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 the 24th.
The Hong Kong Special Administrative Region Government declared the oath of 45 district councillors to be valid.
According to the arrangements announced by the SAR government, all the incumbent district councillors will take the oath in four batches, and the second batch of oaths will be held on the same day.
At the oath-taking ceremony, the district councillors who attended each swear to uphold the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China" and loyal to the Hong Kong Special Administrative Region of the People's Republic of China.
The SAR government stated that the Public Service (Participation and Appointment) (Miscellaneous Amendments) Ordinance 2021 has been gazetted on May 21, 2021.
The Ordinance amends certain laws, which require district councilors to swear to uphold the "Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China" and be loyal to the Hong Kong Special Administrative Region of the People's Republic of China.
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 commissioner for oaths is responsible for ensuring that the oath is legally carried out. The oath required by the law shall be determined as a valid oath; the 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 SAR government stated that in accordance with the principles laid down in the "Interpretation" and related legal provisions, the commissioner for oaths has determined that the oaths of 45 district councillors are valid.
In addition, Li Wenhao of the Sham Shui Po District Council was deemed to have refused or ignored the oath under Article 20A of the Oaths and Declarations Ordinance because of his absentee oath. Therefore, in accordance with Article 21 of the Ordinance, he must leave his post immediately.
At the same time, the commissioner for oaths has doubts about the validity of the oath made by the 10 district councillors and has sent a letter to the district councillors requesting additional information to determine whether the oath is valid.
(over)