Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021
| Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021 | |
|---|---|
 | |
| Legislative Council of Hong Kong | |
| |
| Citation | Ordinance 13 of 2021 |
| Territorial extent | Hong Kong |
| Enacted by | Legislative Council of Hong Kong |
| Signed | 20 May 2021 |
| Commenced | 21 May 2021 |
| Legislative history | |
| Bill title | Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021 |
| Introduced by | Secretary for Constitutional and Mainland Affairs Erick Tsang |
| Introduced | 26 February 2021 |
| First reading | 17 March 2021 |
| Second reading | 12 May 2021 |
| Third reading | 12 May 2021 |
| 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
[edit]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
[edit]According to the government's press release, the bill mainly comprises the following six key areas of amendments which seek to:[2]
- 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";
- 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;
- 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;
- 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;
- 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
- 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
[edit]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
[edit]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
[edit]Resignations
[edit]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
[edit]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
[edit]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
[edit]- ^ a b "Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021" (PDF). Legislative Council of Hong Kong.
- ^ a b c d "Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Bill 2021 gazetted today". Hong Kong Government. 26 February 2021.
- ^ a b "Concerns mount that new Hong Kong law on patriotic oaths could trap judges". Reuters. 16 March 2021.
- ^ "梁天琦遭選管會 取消參選資格". Stand News. 2 August 2016.
- ^ Ng, Joyce (3 August 2016). "Lawyers question power of returning officers to disqualify Hong Kong poll candidates". South China Morning Post.
- ^ "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.
- ^ "Booted out". The Standard. 12 November 2020.
- ^ "Hong Kong pro-democracy lawmakers resign after China ruling". BBC News. 12 November 2020.
- ^ a b "HKSAR's legislature requires district councilors to take oath". China Daily. 13 May 2021.
- ^ "CE signs Public Offices (Candidacy and Taking Up Offices) (Miscellaneous Amendments) Ordinance 2021 (with photos)". Hong Kong Government. 20 May 2020.
- ^ "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.
- ^ 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.
- ^ "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.
- ^ 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.
- ^ "Hong Kong Councillors: Foreign Secretary's statement". UK Government. 21 October 2021.
- ^ 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.
