Expert: Interpretation to ensure sound implementation of Basic Law
Take me away, mom Animals on the Road	“Water Margin” on eggs Cat the occupier Adorable animals pose like stars Cuddle up together, battling against blizzard Sunshine in the life

 

A Chinese mainland law expert is suggesting that the latest explanation to Hong Kong's mini-constitution will ensure a sound implementation of the Basic Law in the Special Administrative Region.

The interpretation applies to an article relating to oath-taking by local officers in certain public institutions.

At its core, the interpretation emphasizes the upholding of the Basic Law of the Hong Kong Special Administrative Region and bearing allegiance to the region are not only the legal content which must be included in the oath prescribed by the Article, but also the legal requirements and preconditions for standing for election in respect of, or taking up, public office.

It requires an oath taker, when assuming office, to accurately, completely and solemnly read out the oath which includes the words: "uphold the Basic Law of Hong Kong and bear allegiance to the Special Administrative Region."

It's deemed as an obvious response to the provocative display by two elected lawmakers who publicly advocated "Hong Kong independence" and insulted the Chinese nation during a swearing-in ceremony last month.

Jiao Hongchang with the China University of Political Science and Law suggested that the interpretation will ensure Hong Kong's Basic Law is implemented and enforced in a way it was originally intended.

"Allegiance to the Basic Law of the Hong Kong Special Administrative Region and the country's Constitution should be a requirement for the lawmakers elected into Hong Kong's Legislative Council. How could a legislator-elect convince people of his or her eligibility for the job if showing no allegiance when taking oath. It's necessary for the law to require them to swear allegiance to the Basic Law and the nation when standing for election or taking up public office."

Professor Jiao Hongchang added oath-taking is a solemn occasion in every place around the world.

He condemned the unruly behavior by the two legislators-elect and warned that it had hit the bottom line, drawn up in the "One Country, Two Systems" principle.

He went on to say that the interpretation comes in time to prevent Hong Kong Independence advocates from taking office in the future.

"We will in no way tolerate the attempts to split the country, jeopardize its sovereignty and integrity. The interpretation gives a clear signal that the central government will not sit by while the advocacy of Hong Kong Independence spreads. We will use the law to give it a blow. Offenders will be banned from standing for election or having a rain check for taking oath."

The interpretation to the Article 104 notes an oath taker would be disqualified forthwith from assuming office if they decline to take the oath.

It says an oath taker would be treated as declining to take the oath if intentionally reading out words which do not accord with the wording of the oath prescribed by law, or takes the oath in a manner which is neither sincere nor solemn.

The interpretation further notes that anyone who fails to lawfully and validly take the oath or who declines to take the oath cannot assume office.

Author： 　　　Source：CRI　　　 Editor：Yang Fan